Airworthiness Directives; ATR-GIE Avions de Transport Regional Airplanes, 73407-73410 [2020-25379]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
Issued on November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–25387 Filed 11–17–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1024; Project
Identifier MCAI–2020–01401–T; Amendment
39–21330; AD 2020–23–13]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Regional
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
Examining the AD Docket
The FAA is adopting a new
airworthiness directive (AD) for all
ATR—GIE Avions de Transport
Regional Airplanes Model ATR42–200,
–300, and –320 airplanes. 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. This AD 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,
as specified in a European Union
Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective
December 3, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 3, 2020.
The FAA must receive comments on
this AD by January 4, 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.
SUMMARY:
VerDate Sep<11>2014
16:14 Nov 17, 2020
Jkt 253001
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material incorporated by reference
(IBR) in this AD, contact the 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–2020–
1024.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1024; 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 AD, 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:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2020–0221, dated October 13, 2020
(EASA AD 2020–0221) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all ATR—GIE Avions de Transport
Regional Airplanes Model ATR42–200,
–300, and –320 airplanes.
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;
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
73407
• 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;
• Whooler Audio alert.
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. See the
MCAI for additional background
information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0221 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.
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 the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in EASA AD 2020–
0221 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
E:\FR\FM\18NOR1.SGM
18NOR1
73408
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
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
2020–0221 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0221 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this 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 2020–0221 that is required for
compliance with EASA AD 2020–0221
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1024.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies waiving notice
and comment prior to adoption of this
rule because false activation of the stall
warning system could result in loss of
control of the airplane during take-off
and landing phases. In addition, the
compliance time for the required action
is shorter than the time necessary for the
public to comment and for publication
of the final rule. Therefore, the FAA
finds good cause that notice and
opportunity for prior public comment
are impracticable. In addition, for the
reasons stated above, the FAA finds that
good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this AD. Send your
comments to an address listed in the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–1024; Project Identifier
MCAI–2020–01401–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the final rule, 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 final rule
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 final rule.
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 AD 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 AD,
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 AD. 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.
Interim Action
The FAA considers this AD interim
action. If final action is later identified,
the FAA might consider further
rulemaking then.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not
apply when an agency finds good cause
pursuant to 5 U.S.C. 553 to adopt a rule
without prior notice and comment.
Because the FAA has determined that it
has good cause to adopt this rule
without notice and comment, RFA
analysis is not required.
Costs of Compliance
The FAA estimates that this AD
affects 26 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Up to 10 work-hours × $85 per hour = Up to $850 .................
Cost per product
$0
Cost on U.S. operators
Up to $850 ..............................
Up to $22,100.
khammond on DSKJM1Z7X2PROD with RULES
* Table does not include estimated costs for reporting.
The FAA estimates that it takes about
1 work-hour per product to comply with
the reporting requirement in this 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 $85, 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 AD.
VerDate Sep<11>2014
16:14 Nov 17, 2020
Jkt 253001
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 AD is 2120–0056. The
paperwork cost associated with this AD
has been detailed in the Costs of
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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 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.
E:\FR\FM\18NOR1.SGM
18NOR1
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
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 AD
will not have federalism implications
under Executive Order 13132. This AD
will not have a substantial direct effect
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not affect intrastate aviation
in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
khammond on DSKJM1Z7X2PROD with RULES
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2020–23–13 ATR—GIE Avions de
Transport Regional: Amendment 39–
21330; Docket No. FAA–2020–1024;
Project Identifier MCAI–2020–01401–T.
VerDate Sep<11>2014
16:14 Nov 17, 2020
Jkt 253001
(a) Effective Date
This airworthiness directive (AD) becomes
effective December 3, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR—GIE Avions
de Transport Regional Airplanes 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. 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, EASA AD 2020–0221,
dated October 13, 2020 (EASA AD 2020–
0221).
(h) Exceptions to EASA AD 2020–0021
(1) Where EASA AD 2020–0221 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0221 does not apply to this AD.
(3) Paragraph (3) of EASA AD 2020–0221
specifies to report inspection results to ATR
within a certain compliance time. For this
AD, report inspection results at the
applicable time specified in paragraph
(h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(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) of this AD.
Information may be emailed to: 9-AVS-AIR-
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
73409
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 ATA’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a 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 OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
(j) Related Information
For more information about this AD,
contact Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3220; email:
shahram.daneshmandi@faa.gov.
(k) 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 2020–0221, dated October 13,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0221, contact the
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.
(4) 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
E:\FR\FM\18NOR1.SGM
18NOR1
73410
Federal Register / Vol. 85, No. 223 / Wednesday, November 18, 2020 / Rules and Regulations
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–2020–1024.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on November 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–25379 Filed 11–17–20; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Part 1241
[Document Number NASA–20–091; Docket
Number-NASA–2020–0001]
RIN 2700–AE51
To Research, Evaluate, Assess, and
Treat (TREAT) Astronauts
National Aeronautics and
Space Administration (NASA).
ACTION: Final rule.
AGENCY:
The National Aeronautics and
Space Administration (NASA) is
adopting, without change, an interim
rule that implements the provisions of
the TREAT Astronauts Act to provide
for the medical monitoring and
diagnosis of conditions that are
potentially spaceflight-associated and
treatment of conditions that are
spaceflight-associated for former U.S.
Government astronauts and payload
specialists.
DATES: Effective: November 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Gwyn E. Smith, Manager, Policy
Development and Integration, Office of
the Chief Health and Medical Officer,
202.358.0584.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Background
NASA published an interim rule in
the Federal Register at 85 FR 15352 on
March 18, 2020, that implements the
provisions of the TREAT Astronauts
Act. The rule provides for the medical
monitoring and diagnosis of conditions
that are potentially spaceflightassociated and treatment of conditions
that are spaceflight-associated for former
U.S. Government astronauts and
payload specialists. NASA is adopting
this interim rule as a final rule without
change.
VerDate Sep<11>2014
16:14 Nov 17, 2020
Jkt 253001
II. Public Comment Discussion
NASA issued interim final rule, ‘‘To
Research, Evaluate, Assess, and Treat
(TREAT) Astronauts,’’ which was
published in the Federal Register on
March 18, 2020 (85 FR 15352). The
public comment period on the interim
final rule closed on May 18, 2020, and
NASA received six comments from two
former astronauts, three individuals
interested in former astronaut health
care, and an individual from Taiwan
who asked a question about Formosan
astronauts, not related to this rule. No
significant issues or questions were
raised by the commenters and no
changes were made to the rule. Relevant
questions and comments presented are
addressed in routine communications
with the former astronauts. NASA
would like to thank all commenters for
their thoughtful responses.
One commenter recommended
rewording the definition of ‘‘spaceflight
associated condition’’ to make it more
understandable, specifically asking
what the phrase ‘‘determines is at least
as likely as not to have resulted from
participation in spaceflight-related
activities’’ meant. NASA, when making
determinations on the association
between health outcomes and
occupational exposures related to
spaceflight, relies on available evidence,
including an individual’s clinical
history, epidemiological assessments,
and data from human research, as well
as expert medical opinion. Because
direct causation is very difficult to
establish in many cases, a determination
of presumptive association between
spaceflight and a health outcome
requires that the evidence and expert
medical opinion together suggest that
the spaceflight exposures received by an
individual are as likely to cause the
health outcome, as to not cause the
health outcome. The focus of NASA’s
inquiry is whether spaceflight exposures
contributed to the health condition, not
all other possible exposures. Using ‘‘at
least as likely as not’’ as the criterion for
decision making lowers the threshold
for determining an association between
spaceflight exposures and health
outcomes, accounting for possible
uncertainties involved in making such a
determination. NASA chose this
approach based on the processes used
by other Federal agencies who must
make similar determinations when
direct causation cannot otherwise be
established.
Another commenter had several
questions about specifically how NASA
would implement this rule, asking how
a former astronaut would know what
conditions would be considered related
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
to spaceflight and if the NASA Flight
Medicine Clinic would be an advocate
on their behalf. NASA is developing
internal policy and procedures for
NASA employees necessary to
implement this rule. In addition, NASA
will continue to communicate with
former astronauts through multiple
media, including the annual astronaut
reunion, newsletters, online via the Life
Sciences Data Archive, and NASA
TREAT Astronauts Act websites, as well
as personal communications with
former astronauts.
Several commenters offered
supporting thoughts such as, ‘‘. . . the
TREAT Astronauts Act as nothing but a
resourceful and helpful program . . .’’
and ‘‘To gain more support to pass this
rule, I recommend ensuring more
scientists and doctors will be hired at
NASA to observe former astronauts and
payload specialists, so that this effort
does not take away from other important
NASA programs’’ and asked how this
Act would increase former astronaut
participation and to elaborate on the
differences between the Lifetime
Surveillance of Astronaut Health
(LSAH) program and TREAT Astronauts
Act. NASA appreciates the support for
this rule and provides detailed
information to former astronauts on the
specifics of the implementation of this
rule. NASA anticipates increased
participation from former astronauts,
based on discussions with them as to
the benefits of the program and to future
astronauts. The LSAH program provides
lifetime monitoring for former
astronauts while the TREAT Astronauts
Act provides funding for treatment of
spaceflight associated conditions. More
details can be found at https://
www.nasa.gov/hhp/treat-act.
III. Regulatory Analysis Section
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Orders (E.O.) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This rule is not a significant
regulatory action and has not been
reviewed by the Office of Management
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73407-73410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25379]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1024; Project Identifier MCAI-2020-01401-T;
Amendment 39-21330; AD 2020-23-13]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport Regional
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
ATR--GIE Avions de Transport Regional Airplanes Model ATR42-200, -300,
and -320 airplanes. 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. This AD
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, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective December 3, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 3,
2020.
The FAA must receive comments on this AD by January 4, 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 incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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-2020-1024.
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-
1024; 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 AD, 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:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0221, dated October 13, 2020
(EASA AD 2020-0221) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all ATR--GIE Avions de Transport Regional Airplanes Model ATR42-
200, -300, and -320 airplanes.
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;
Whooler Audio alert.
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. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0221 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.
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA evaluated
all pertinent information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2020-0221 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
[[Page 73408]]
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 2020-0221 is
incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0221 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this 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 2020-0221 that is
required for compliance with EASA AD 2020-0221 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1024.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because false activation of the stall warning system could result in
loss of control of the airplane during take-off and landing phases. In
addition, the compliance time for the required action is shorter than
the time necessary for the public to comment and for publication of the
final rule. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed in the
ADDRESSES section. Include ``Docket No. FAA-2020-1024; Project
Identifier MCAI-2020-01401-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. 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: [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.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 26 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour = Up $0 Up to $850................ Up to $22,100.
to $850.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this 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 $85,
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 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 AD is 2120-
0056. The paperwork cost associated with this 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 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.
[[Page 73409]]
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 AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2020-23-13 ATR--GIE Avions de Transport Regional: Amendment 39-
21330; Docket No. FAA-2020-1024; Project Identifier MCAI-2020-01401-
T.
(a) Effective Date
This airworthiness directive (AD) becomes effective December 3,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR--GIE Avions de Transport Regional
Airplanes 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. 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, EASA AD 2020-0221, dated October 13, 2020 (EASA AD
2020-0221).
(h) Exceptions to EASA AD 2020-0021
(1) Where EASA AD 2020-0221 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0221 does not apply
to this AD.
(3) Paragraph (3) of EASA AD 2020-0221 specifies to report
inspection results to ATR within a certain compliance time. For this
AD, report inspection results at the applicable time specified in
paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(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) 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, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATA's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a 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 OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax: 206-231-3220; email: [email protected].
(k) 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 2020-0221,
dated October 13, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0221, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +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.
(4) 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
[[Page 73410]]
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-
2020-1024.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on November 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-25379 Filed 11-17-20; 8:45 am]
BILLING CODE 4910-13-P
