Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 55619-55622 [2020-19580]
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
determines, at its sole discretion, that
the participant no longer meets the
program eligibility criteria; or
(v) CBP, at its sole discretion,
determines that such action is otherwise
necessary.
(3) CBP will notify the participant of
his or her removal in writing. Such
removal is effective immediately.
(4) An applicant or participant denied
or removed will not receive a refund, in
whole or in part, of his or her
application fee.
(g) Redress. An individual whose
application is denied or whose
participation is terminated has two
possible methods for redress. These
processes do not create or confer any
legal right, privilege, or benefit on the
applicant or participant, and are wholly
discretionary on the part of CBP. The
methods of redress are:
(1) DHS Traveler Redress Inquiry
Program (DHS TRIP). The applicant/
participant may choose to initiate the
redress process through DHS TRIP. An
applicant/participant seeking redress
may obtain the necessary forms and
information to initiate the process on
the DHS TRIP website at www.dhs.gov/
trip, or by contacting DHS TRIP by mail
at the address on this website.
(2) Ombudsman. Applicants and
participants may contest a denial or
removal from the program or the denial
or removal of their vehicle(s) for use in
the SENTRI lanes by submitting a
reconsideration request to the CBP
Trusted Traveler Ombudsman through
TTP Systems, https://ttp.cbp.dhs.gov, or
other CBP approved process.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
[FR Doc. 2020–16369 Filed 9–8–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0790; Product
Identifier 2020–NM–077–AD]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
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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
the EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +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–2020–
0790.
ADDRESSES:
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain ATR—GIE Avions de Transport
Re´gional Model ATR42–300, –320, and
–500 airplanes; and all Model ATR72–
101, –102, –201, –202, –211, –212, and
–212A airplanes. This proposed AD was
prompted by reports of defective seat
tracks. This proposed AD would require
a detailed visual inspection of each
affected part for deficiencies (sealant
blockage and out of tolerance
ligaments), and depending on findings,
accomplishment of applicable corrective
actions, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated 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 October 26,
2020.
SUMMARY:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0790; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
PO 00000
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55619
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
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 participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the comments. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0790; Product Identifier
2020–NM–077–AD’’ at the beginning of
your comments. The FAA will consider
all comments received by the closing
date and may amend this NPRM based
on 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
the FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives 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
E:\FR\FM\09SEP1.SGM
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55620
Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0097R1, dated May 28, 2020
(‘‘EASA AD 2020–0097R1’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain ATR—GIE Avions de
Transport Re´gional Model ATR42–300,
–320, –400, and –500 airplanes; and all
Model ATR72–101, –102, –201, –202,
–211, –212, and –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 AD therefore does not
include those airplanes in the
applicability.
This proposed AD was prompted by
reports of defective seat tracks, either on
the ATR final assembly line or during
maintenance activities on ATR
airplanes. Investigation results
identified a potential structural
deficiency of the affected seat tracks
under an emergency landing condition.
The FAA is proposing this AD to
address a structural failure of the seat
track attachment during an emergency
landing, possibly resulting in injury to
occupants, and affecting emergency
evacuation. See the MCAI for additional
background information.
Related Material Under 1 CFR Part 51
EASA AD 2020–0097R1, dated May
28, 2020, describes procedures for a
detailed visual inspection of each
affected seat track for deficiencies
(sealant blockage and out of tolerance
ligaments), and corrective actions if
necessary. Corrective actions include
replacement of seat track sections, and
replacement of the entire seat track.
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 our
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 the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2020–0097R1 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
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
2020–0097R1 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2020–
0097R1 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
2020–0097R1 that is required for
compliance with EASA AD 2020–
0097R1 will be available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–0790 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 59 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Up to 28 work-hours × $85 per hour = $2,380 ...........................................................................
$0
$2,380
$140,420
The FAA estimates the following
costs to do any necessary on-condition
replacements that would be required
based on the results of any required
actions. The FAA has no way of
determining the number of aircraft that
might need these on-condition
replacements:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
172 work-hours × $85 per hour = $14,620 .............................................................................................................
*
$14,620
*The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-condition replacements specified in
this proposed AD.
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
§ 39.13
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) 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.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
VerDate Sep<11>2014
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[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
ATR—GIE Avions de Transport Re´gional:
Docket No. FAA–2020–0790; Product
Identifier 2020–NM–077–AD.
(a) Comments Due Date
The FAA must receive comments by
October 26, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the ATR—GIE Avions
de Transport Re´gional airplanes identified in
paragraphs (c)(1) and (2), certificated in any
category.
(1) Model ATR42–300, –320, and –500
airplanes, all manufacturer serial numbers,
except manufacturer serial numbers 001
through 362 inclusive.
(2) ATR72–101, –102, –201, –202, –211,
–212, and –212A airplanes, all manufacturer
serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of
defective seat tracks. The FAA is issuing this
AD to address a structural failure of the seat
track attachment during an emergency
landing, possibly resulting in injury to
occupants, and affecting emergency
evacuation.
(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 2020–0097R1,
dated May 28, 2020 (‘‘EASA AD 2020–
0097R1’’).
(h) Exceptions to EASA AD 2020–0097R1
(1) Where EASA AD 2020–0097R1 refers to
May 18, 2020 (the effective date of its original
issue), this AD requires using the effective
date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0097R1 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2020–0097R1
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(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,
PO 00000
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55621
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 local Flight Standards
District 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)(2) of this AD.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district 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
Re´gional’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2020–0097R1 that contains RC procedures
and tests: Except as required by paragraph
(j)(2) of this AD, RC procedures and tests
must be done to comply with this AD; any
procedures or tests that are not identified as
RC are recommended. Those procedures and
tests that are not identified as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Related Information
(1) For information about EASA AD 2020–
0097R1, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
phone: +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–2020–0790.
(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.
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–19580 Filed 9–8–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Comments Invited
[Docket No. FAA–2020–0785; Product
Identifier 2020–NM–063–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
The Boeing Company Model 747
airplanes and Model 767 airplanes. This
proposed AD was prompted by a report
of an un-commanded fuel transfer
between the main and center fuel tanks.
This proposed AD would prohibit
operation of an airplane with any
inoperative refuel valve (fueling shut-off
valve) secured in the open position. 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 October 26,
2020.
SUMMARY:
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.
ADDRESSES:
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–2020–
0785; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
VerDate Sep<11>2014
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The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Rothman, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98190; phone and fax: 206–
231–3558; jeffrey.rothman@faa.gov.
SUPPLEMENTARY INFORMATION:
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the comments. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0785; Product Identifier
2020–NM–063–AD’’ at the beginning of
your 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, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, the FAA
will consider all comments received by
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this NPRM because of those comments.
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
PO 00000
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Sfmt 4702
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Discussion
The FAA has received a report of a
flight diversion due to an uncommanded fuel transfer between the
main and center fuel tanks. Following
the flight, the operator discovered that
a significant amount of fuel had
migrated from the left main tank to the
center tank. This condition was
determined to be created by applying
the Master Minimum Equipment List
(MMEL)/Dispatch Deviation Guide
(DDG) relief for inoperative refuel valves
(fueling shut-off valves) secured in the
‘‘open’’ position in the main and center
fuel tanks.
During investigation of the event, the
operator’s maintenance personnel
restored all fueling shut-off valves to
their normal configuration (closed). The
system was tested, and it was confirmed
that the fuel migration stopped.
Multiple refuel valves secured in the
‘‘open’’ position can result in uncommanded fuel transfer between tanks,
which adversely affects the airplane’s
center of gravity, aerodynamic drag, and
fuel economy. Fuel exhaustion may
occur due to a combination of increased
trim drag (due to unmitigated fuel
imbalance) and the unavailability of
trapped fuel due to a fully depleted
main tank defeating the center tank fuel
scavenge system.
The FAA is proposing this AD to
address multiple refuel valves secured
in the ‘‘open’’ position via MMEL
dispatch allowance, which allows uncommanded fuel transfer between fuel
tanks. This condition, if not addressed,
could result in a fuel exhaustion event.
FAA’s Determination
The FAA is proposing this AD
because the agency evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would prohibit
operation of an airplane with multiple
refuel valves secured in the ‘‘open’’
position.
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Agencies
[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Proposed Rules]
[Pages 55619-55622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0790; Product Identifier 2020-NM-077-AD]
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 adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
300, -320, and -500 airplanes; and all Model ATR72-101, -102, -201, -
202, -211, -212, and -212A airplanes. This proposed AD was prompted by
reports of defective seat tracks. This proposed AD would require a
detailed visual inspection of each affected part for deficiencies
(sealant blockage and out of tolerance ligaments), and depending on
findings, accomplishment of applicable corrective actions, as specified
in a European Union Aviation Safety Agency (EASA) AD, which will be
incorporated 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 October 26,
2020.
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 the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
phone: +49 221 8999 000; email: [email protected]; 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-2020-0790.
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-2020-
0790; 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 comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
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: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one copy of the comments. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0790; Product Identifier 2020-NM-077-AD'' at the beginning of your
comments. The FAA will consider all comments received by the closing
date and may amend this NPRM based on 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 the FAA receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives 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
[[Page 55620]]
placed in the public docket of this NPRM. Submissions containing CBI
should be sent to the person identified in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0097R1, dated May 28, 2020
(``EASA AD 2020-0097R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-300, -320, -400, and -500 airplanes; and all Model ATR72-
101, -102, -201, -202, -211, -212, and -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 AD therefore does not include
those airplanes in the applicability.
This proposed AD was prompted by reports of defective seat tracks,
either on the ATR final assembly line or during maintenance activities
on ATR airplanes. Investigation results identified a potential
structural deficiency of the affected seat tracks under an emergency
landing condition. The FAA is proposing this AD to address a structural
failure of the seat track attachment during an emergency landing,
possibly resulting in injury to occupants, and affecting emergency
evacuation. See the MCAI for additional background information.
Related Material Under 1 CFR Part 51
EASA AD 2020-0097R1, dated May 28, 2020, describes procedures for a
detailed visual inspection of each affected seat track for deficiencies
(sealant blockage and out of tolerance ligaments), and corrective
actions if necessary. Corrective actions include replacement of seat
track sections, and replacement of the entire seat track.
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 our 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 the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0097R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
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 2020-
0097R1 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2020-
0097R1 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 2020-0097R1 that is required for
compliance with EASA AD 2020-0097R1 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0790 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 59 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
----------------------------------------------------------------------------------------------------------------
Up to 28 work[dash]hours x $85 per hour = $2,380............. $0 $2,380 $140,420
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition replacements:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
172 work-hours x $85 per hour = * $14,620
$14,620..............................
------------------------------------------------------------------------
*The FAA has received no definitive data that would enable us to provide
parts cost estimates for the on-condition replacements specified in
this proposed AD.
[[Page 55621]]
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) 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.
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 (AD):
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2020-
0790; Product Identifier 2020-NM-077-AD.
(a) Comments Due Date
The FAA must receive comments by October 26, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the ATR--GIE Avions de Transport
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2),
certificated in any category.
(1) Model ATR42-300, -320, and -500 airplanes, all manufacturer
serial numbers, except manufacturer serial numbers 001 through 362
inclusive.
(2) ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes, all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of defective seat tracks. The
FAA is issuing this AD to address a structural failure of the seat
track attachment during an emergency landing, possibly resulting in
injury to occupants, and affecting emergency evacuation.
(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
2020-0097R1, dated May 28, 2020 (``EASA AD 2020-0097R1'').
(h) Exceptions to EASA AD 2020-0097R1
(1) Where EASA AD 2020-0097R1 refers to May 18, 2020 (the
effective date of its original issue), this AD requires using the
effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0097R1 does not
apply to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2020-
0097R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(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 local Flight
Standards District 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)(2) 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 local flight standards district
office/certificate holding district 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.
(3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0097R1 that contains RC procedures and
tests: Except as required by paragraph (j)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) Related Information
(1) For information about EASA AD 2020-0097R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; 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-
2020-0790.
(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:
[email protected].
[[Page 55622]]
Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-19580 Filed 9-8-20; 8:45 am]
BILLING CODE 4910-13-P