[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Proposed Rules]
[Pages 48764-48767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15987]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1641; Project Identifier MCAI-2023-00598-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 supersede Airworthiness Directive (AD) 
2021-10-20, which applies to certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20 
requires revising the existing aircraft flight manual (AFM) and 
applicable corresponding operational procedures to update a systems 
limitation, limiting dispatch with certain equipment inoperative, 
performing an operational test of a certain contactor and an electrical 
test of a certain battery toggle switch, and performing corrective 
actions if necessary. Since the FAA issued AD 2021-10-20, new 
procedures for modifying the wiring and replacing the battery toggle 
switch have been developed that would terminate the AD requirements. 
This proposed AD would continue to require certain actions in AD 2021-
10-20, and would require modifying the battery toggle switch wiring and 
replacing the battery toggle switch, and would revise the applicability 
to include additional airplanes, 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 affected parts. 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 September 
11, 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-2023-1641; 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 the EASA AD identified in this NPRM, you may 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: ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2023-1641.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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-2023-1641; Project Identifier 
MCAI-2023-00598-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

[[Page 48765]]

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, Aviation Safety Engineer, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; 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

    The FAA issued AD 2021-10-20, Amendment 39-21553 (86 FR 26373, May 
14, 2021) (AD 2021-10-20), for certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20 
was prompted by an MCAI originated by EASA, which is the Technical 
Agent for the Member States of the European Union. EASA issued 
Emergency AD 2021-0120-E, dated May 3, 2021, to correct an unsafe 
condition.
    AD 2021-10-20 requires revising the existing AFM and applicable 
corresponding operational procedures to update a systems limitation, 
limiting dispatch with certain equipment inoperative, performing an 
operational test of a certain contactor and an electrical test of a 
certain battery toggle switch, and performing corrective actions if 
necessary. The FAA issued AD 2021-10-20 to address reports of temporary 
loss of all display units and the integrated electronic standby 
instrument (IESI), which could result in loss of control of the 
airplane.

Actions Since AD 2021-10-20 Was Issued

    The preamble to AD 2021-10-20 explained that the FAA considered the 
requirements ``interim action'' and was considering further rulemaking. 
The FAA has now determined that further rulemaking is indeed necessary, 
and this proposed AD follows from that determination.
    Since the FAA issued AD 2021-10-20, EASA superseded EASA Emergency 
AD 2021-0120-E, dated May 3, 2021, and issued EASA AD 2023-0078R1, 
dated April 20, 2023 (EASA AD 2023-0078R1) (also referred to as the 
MCAI), to correct an unsafe condition for all ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-400 and -500 airplanes and ATR72-
101, -102, -201, -202, -211, -212, -212A airplanes. Model ATR42-400 
airplanes are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; this proposed AD therefore does not 
include those airplanes in the applicability. The MCAI states that new 
modification instructions have been published that would terminate the 
requirements of AD 2021-10-20, and expands the applicability to include 
Model ATR72-101, -102, -201, -202, -211, and -212 airplanes. Temporary 
loss of all display units and the IESI, if not corrected, could result 
in loss of control of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1641.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-10-20, this proposed AD would retain certain 
requirements of AD 2021-10-20. Those requirements are referenced in 
EASA AD 2023-0078R1, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0078R1 specifies procedures for revising the existing 
AFM to update a systems limitation for the transformer rectifier unit 
(TRU), limiting dispatch with certain equipment inoperative (which can 
be done by amending the operator's minimum equipment list (MEL)), 
performing an operational test of the contactor FIN 1PA for 
discrepancies (i.e., a lack of power supply to DU 4 or a static 
inverter 1 INV FAULT not being displayed on 29VU), replacing the 
battery toggle switch FIN 7PA, modifying the wiring, and performing 
corrective actions. Corrective actions include replacing the contactor 
FIN 1PA and restoring wiring. EASA AD 2023-0078R1 also prohibits the 
installation of affected parts.
    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

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced 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 retain certain requirements of AD 2021-10-
20. This proposed AD would add airplanes to the applicability and 
require accomplishing the actions specified in EASA AD 2023-0078R1 
described previously, except for any differences identified as 
exceptions in the regulatory text of this proposed AD.

Compliance With MEL Revision

    EASA AD 2023-0078R1 requires operators to ``inform all flight 
crews'' of revisions to the existing AFM and MEL, and thereafter to 
``operate the aeroplane accordingly.'' However, this proposed 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. FAA regulations (14 CFR 121.628(a)(2)) require operators to 
provide pilots with access to all of the

[[Page 48766]]

information contained in the operator's MEL. Furthermore, 14 CFR 
121.628(a)(5) requires airplanes to be operated under all applicable 
conditions and limitations contained in the operator's MEL. Therefore, 
including a requirement in this proposed AD to operate the airplane 
according to the revised AFM and MEL would be redundant and 
unnecessary.

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 2023-0078R1 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0078R1 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 EASA AD 2023-0078R1 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 2023-
0078R1. Service information required by EASA AD 2023-0078R1 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1641 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 21 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.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-10-20...  3 work-hours x $85 per                $0            $255          $3,825
                                         hour = $255.
New proposed actions..................  10 work-hours x $85 per                0             850          17,850
                                         hour = $850.
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    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:
0
a. Removing Airworthiness Directive 2021-10-20, Amendment 39-21553 (86 
FR 26373, May 14, 2021); and
0
b. Adding the following new Airworthiness Directive:

ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1641; Project Identifier MCAI-2023-00598-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 11, 2023.

(b) Affected ADs

    This AD replaces AD 2021-10-20, Amendment 39-21553 (86 FR 26373, 
May 14, 2021) (AD 2021-10-20).

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code: 24, Electrical 
Power.

(e) Unsafe Condition

    This AD was prompted by reports of temporary loss of all display 
units and the integrated electronic standby instrument (IESI). The 
FAA is issuing this AD to address temporary loss of all display 
units and the IESI, 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 
2023-0078R1, dated April 20, 2023 (EASA AD 2023-0078R1).

[[Page 48767]]

(h) Exceptions to EASA AD 2023-0078R1

    (1) Where EASA AD 2023-0078R1 refers to ``05 May 2021 [the 
effective date of EASA AD 2021-0120-E],'' this AD requires using May 
14, 2021 (the effective date of AD 2021-10-20).
    (2) Where EASA AD 2023-0078R1 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where paragraphs (1), (2), and (5) of EASA AD 2023-0078R1 
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 (see 14 CFR 91.9, 91.505, and 121.137).
    (4) Where paragraph (4) of EASA AD 2023-0078R1 specifies actions 
if ``discrepancies are detected,'' for this AD a ``discrepancy'' is 
defined as a lack of power supply to DU 4 or a INV FAULT is not 
triggered.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0078R1.

(i) No Reporting Requirement

    Although certain service information referenced in EASA AD 2023-
0078R1 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 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, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; 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 2023-0078R1, 
dated April 20, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0078R1, 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: ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, 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 July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15987 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-13-P


