Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 81795-81798 [2020-27910]
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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations
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 manager of the
certification office, send it to the attention of
the person identified in Related Information.
(2) 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.
(k) Related Information
For more information about this AD,
contact Jeffrey Englert, Aviation Safety
Engineer, Wichita ACO Branch, FAA, 1801
Airport Road, Room 100, Dwight D.
Eisenhower National Airport, Wichita, KS
67209; phone: (316) 946–4167; fax: (316)
946–4107; email: jeffrey.englert@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 the AD specifies otherwise.
(i) Textron Aviation Inc. Mandatory
Service Letter SL560XL–76–04, Revision 1,
dated November 24, 2020.
(ii) [Reserved]
(3) For Textron Aviation Inc. service
information identified in this AD, contact
Textron Aviation Inc., P.O. Box 7706,
Wichita, KS 67277; phone: (316) 517–5800;
website: https://txtav.com.
(4) You may review this referenced service
information at the FAA, Airworthiness
Products Section, Operational Safety Branch,
901 Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fedreg.legal@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on December 8, 2020.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–27741 Filed 12–16–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1133; Project
Identifier MCAI–2020–01515–T; Amendment
39–21372; AD 2020–26–17]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
ATR—GIE Avions de Transport
Re´gional Model ATR42–500 and ATR72
airplanes. This AD was prompted by a
report of damage found on a wire
bundle connecting an angle-of-attack
(AOA) probe and a multi-function
computer (MFC), which can inhibit
activation of the stick pusher without
any indication to the flight crew by the
stall warning system. This AD requires
a repetitive operational test for
discrepancies of the stall warning
system and stick pusher in the flight
configuration, an inspection for
discrepancies in the wiring bundles
between AOA probes and MFCs, and
corrective action if necessary, 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
January 4, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 4, 2021.
The FAA must receive comments on
this AD by February 1, 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.
SUMMARY:
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81795
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–
1133.
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–
1133; 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; telephone 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
2020–0249, dated November 11, 2020
(EASA AD 2020–0249) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all ATR-GIE Avions de Transport
Re´gional Model ATR42–400 and –500
airplanes; and 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 AD was prompted by a report of
damage found on a wire bundle
connecting an AOA probe and a MFC,
which can inhibit activation of the stick
pusher without any indication to the
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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations
flight crew by the stall warning system.
The FAA is issuing this AD to address
latent failure of the stick pusher, which
could result in loss of control of the
airplane. See the MCAI for additional
background information.
Related Service Information Under 1
CFR Part 51
EASA AD 2020–0249 describes
procedures for a repetitive operational
test for discrepancies (including missing
or incorrect annunciators, messages,
indicators, warnings, or sounds) of the
stall warning system and stick pusher in
the flight configuration, an inspection
for discrepancies (including damage to
electrical routing and conduits, foreign
object debris, electrical routing and
conduits not properly attached) in the
wiring bundles between AOA probes
and MFCs, corrective action, and an
inspection report. 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 the MCAI described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD and except as
discussed under ‘‘Differences Between
this AD and the MCAI.’’
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
2020–0249 is incorporated by reference
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in this final rule. This AD, therefore,
requires compliance with EASA AD
2020–0249 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 2020–0249 that is required for
compliance with EASA AD 2020–0249
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1133.
Differences Between This AD and the
MCAI
The MCAI specifies a compliance for
the inspection of the affected wiring
within 750 FH (flight hours) or 5
months, whichever occurs first. For this
AD, the compliance time for the
inspection is within 750 FH or 4
months, whichever occurs first after the
effective date of this AD. In developing
an appropriate compliance time the
FAA considered the State of Design
authority’s recommendation and the
degree of urgency associated with the
subject unsafe condition.
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 of the failure of the stick
pusher without any indication to the
flight crew by the stall warning system.
The latent failure of the stick pusher
could result in loss of control of the
airplane. 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
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arguments about this AD. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–1133; Project Identifier
MCAI–2020–01515–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;
telephone 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.
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.
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Costs of Compliance
81797
FAA estimates the following costs to
comply with this AD:
The FAA estimates that this AD
affects 28 airplanes of U.S. registry. The
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Labor cost
Parts cost
Cost per product
Up to 10 work-hours × $85 per hour =
Up to $850.
None .....................................................
Up to $850 ............................................
Cost on U.S.
operators
Up to $23,800.
* 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
wiring inspection results on U.S.
operators to be $2,380, 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.
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
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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:
■
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:
■
2020–26–17 ATR-GIE Avions de Transport
Re´gional: Amendment 39–21372; Docket
No. FAA–2020–1133; Project Identifier
MCAI–2020–01515–T.
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(a) Effective Date
This airworthiness directive (AD) becomes
effective January 4, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR-GIE Avions de
Transport Re´gional airplanes identified in
paragraphs (c)(1) and (2) of this AD,
certificated in any category.
(1) Model ATR42–500 airplanes.
(2) Model ATR72–101, –102, –201, –202,
–211, –212, and –212A airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 31, Instruments.
(e) Reason
This AD was prompted by a report of
damage found on a wire bundle connecting
an angle-of-attack probe and a multi-function
computer, which can inhibit activation of the
stick pusher without any indication to the
flight crew by the stall warning system. The
FAA is issuing this AD to address latent
failure of the stick pusher, which could result
in loss of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2020–0249, dated
November 11, 2020 (EASA AD 2020–0249).
(h) Exceptions to EASA AD 2020–0249
(1) Where EASA AD 2020–0249 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2020–0249 does not apply to this AD.
(3) Where paragraph (2) of EASA AD 2020–
0249 specifies a compliance time for the
inspection of ‘‘within 750 FH [flight hours]
or 5 months, whichever occurs first’’ for this
AD, the compliance time is ‘‘within 750 FH
or 4 months, whichever occurs first.’’
(4) Paragraph (4) of EASA AD 2020–0249
specifies to report inspection results to ATRGIE Avions de Transport Re´gional within a
certain compliance time. For this AD, report
inspection results at the applicable time
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specified in paragraph (h)(4)(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.
(5) Where paragraph (3) of EASA AD 2020–
0249 refers to discrepancies, for this AD, for
the operational tests specified in paragraph
(1) of EASA AD 2020–0249, discrepancies
include missing or incorrect annunciators,
messages, indicators, warnings, or sounds;
and for the inspection specified in paragraph
(2) of EASA AD 2020–0249, discrepancies
include damage to electrical routing and
conduits, foreign object debris, electrical
routing and conduits not properly attached.
(6) Where paragraph (3) of EASA AD 2020–
0249 specifies corrective actions if any
discrepancies are detected ‘‘during the first
operational test as required by paragraph (1)
of this [EASA] AD, or during the inspection
as required by paragraph (2) of this [EASA]
AD’’ for this AD, the corrective actions must
be done if any discrepancies are detected
during any operational test required by
paragraph (1) of EASA AD 2020–0249, or
during the inspection required by paragraph
(2) of EASA AD 2020–0249.
(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-AIR730-AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or ATR-GIE Avions de Transport
Re´gional’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
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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.
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;
telephone 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 2020–0249, dated November 11,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0249, 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
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–2020–1133.
(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 December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–27910 Filed 12–15–20; 2:00 pm]
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Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM19–18–000; Order No. 862]
Formal Requirements for Filings in
Proceedings Before the Commission
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule; announcement of
effective date.
AGENCY:
The Federal Energy
Regulatory Commission is announcing
the effective date for changes to the
Commission’s regulations that provide
the address for hand-delivered filings
and submissions to the Commission.
DATES: The final rule published at 84 FR
46440 on September 4, 2019, and
delayed at 84 FR 55498 on October 17,
2019, is effective December 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Christopher Cook, Office of the
Secretary, 888 First Street NE,
Washington, DC 20426, (202) 502–8102,
christopher.cook@ferc.gov.
Mark Hershfield, Office of the General
Counsel, 888 First Street NE,
Washington, DC 20426, (202) 502–8597,
mark.hershfield@ferc.gov.
SUPPLEMENTARY INFORMATION: On August
27, 2019, the Commission issued a final
rule in Docket No. RM19–18–000
requiring that deliveries of filings and
submissions, other than by the United
States Postal Service, be sent to an offsite facility 1 for security screening and
processing.2 The final rule, which was
published in the Federal Register on
September 4, 2019, provided that the
new regulation would take effect 60
days after the date of publication of the
final rule in the Federal Register.3 On
October 11, 2019, the Secretary issued a
document, stating that the effective date
for the final rule was postponed
indefinitely to ensure that the public
and the Commission make an effective
transition to utilizing the off-site
facility.4 A Notice of Effective Date was
issued on June 23, 2020 annoucing the
regulation would take effect on July 1,
2020.5 This document serves to make
SUMMARY:
(j) Related Information
PO 00000
DEPARTMENT OF ENERGY
Sfmt 4700
1 Federal Energy Regulatory Commission, c/o
Health and Human Services, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
2 Formal Requirements for Filings in Proceedings
Before the Commission, 168 FERC ¶ 61,120 (2019)
(Final Rule).
3 84 FR 46440.
4 84 FR 55498.
5 85 FR 38884.
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81795-81798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27910]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1133; Project Identifier MCAI-2020-01515-T;
Amendment 39-21372; AD 2020-26-17]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72
airplanes. This AD was prompted by a report of damage found on a wire
bundle connecting an angle-of-attack (AOA) probe and a multi-function
computer (MFC), which can inhibit activation of the stick pusher
without any indication to the flight crew by the stall warning system.
This AD requires a repetitive operational test for discrepancies of the
stall warning system and stick pusher in the flight configuration, an
inspection for discrepancies in the wiring bundles between AOA probes
and MFCs, and corrective action if necessary, 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 January 4, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 4,
2021.
The FAA must receive comments on this AD by February 1, 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-2020-1133.
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-
1133; 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; telephone 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 2020-0249, dated November 11, 2020
(EASA AD 2020-0249) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-400 and
-500 airplanes; and 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 AD was prompted by a report of damage found on a wire bundle
connecting an AOA probe and a MFC, which can inhibit activation of the
stick pusher without any indication to the
[[Page 81796]]
flight crew by the stall warning system. The FAA is issuing this AD to
address latent failure of the stick pusher, which could result in loss
of control of the airplane. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
EASA AD 2020-0249 describes procedures for a repetitive operational
test for discrepancies (including missing or incorrect annunciators,
messages, indicators, warnings, or sounds) of the stall warning system
and stick pusher in the flight configuration, an inspection for
discrepancies (including damage to electrical routing and conduits,
foreign object debris, electrical routing and conduits not properly
attached) in the wiring bundles between AOA probes and MFCs, corrective
action, and an inspection report. 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 the MCAI
described previously, as incorporated by reference, except for any
differences identified as exceptions in the regulatory text of this AD
and except as discussed under ``Differences Between this AD and the
MCAI.''
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 2020-0249
is incorporated by reference in this final rule. This AD, therefore,
requires compliance with EASA AD 2020-0249 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 2020-0249 that is
required for compliance with EASA AD 2020-0249 is available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1133.
Differences Between This AD and the MCAI
The MCAI specifies a compliance for the inspection of the affected
wiring within 750 FH (flight hours) or 5 months, whichever occurs
first. For this AD, the compliance time for the inspection is within
750 FH or 4 months, whichever occurs first after the effective date of
this AD. In developing an appropriate compliance time the FAA
considered the State of Design authority's recommendation and the
degree of urgency associated with the subject unsafe condition.
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 of the failure of the stick pusher without any indication to
the flight crew by the stall warning system. The latent failure of the
stick pusher could result in loss of control of the airplane. 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 under
the ADDRESSES section. Include ``Docket No. FAA-2020-1133; Project
Identifier MCAI-2020-01515-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;
telephone 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.
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.
[[Page 81797]]
Costs of Compliance
The FAA estimates that this AD affects 28 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 None................. Up to $850........... Up to $23,800.
= Up 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 wiring inspection results on U.S. operators to be
$2,380, 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.
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:
2020-26-17 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-21372; Docket No. FAA-2020-1133; Project Identifier MCAI-2020-
01515-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 4,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2) of
this AD, certificated in any category.
(1) Model ATR42-500 airplanes.
(2) Model ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 31, Instruments.
(e) Reason
This AD was prompted by a report of damage found on a wire
bundle connecting an angle-of-attack probe and a multi-function
computer, which can inhibit activation of the stick pusher without
any indication to the flight crew by the stall warning system. The
FAA is issuing this AD to address latent failure of the stick
pusher, which could result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0249, dated November 11, 2020 (EASA AD 2020-0249).
(h) Exceptions to EASA AD 2020-0249
(1) Where EASA AD 2020-0249 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2020-0249 does not apply
to this AD.
(3) Where paragraph (2) of EASA AD 2020-0249 specifies a
compliance time for the inspection of ``within 750 FH [flight hours]
or 5 months, whichever occurs first'' for this AD, the compliance
time is ``within 750 FH or 4 months, whichever occurs first.''
(4) Paragraph (4) of EASA AD 2020-0249 specifies to report
inspection results to ATR-GIE Avions de Transport R[eacute]gional
within a certain compliance time. For this AD, report inspection
results at the applicable time
[[Page 81798]]
specified in paragraph (h)(4)(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.
(5) Where paragraph (3) of EASA AD 2020-0249 refers to
discrepancies, for this AD, for the operational tests specified in
paragraph (1) of EASA AD 2020-0249, discrepancies include missing or
incorrect annunciators, messages, indicators, warnings, or sounds;
and for the inspection specified in paragraph (2) of EASA AD 2020-
0249, discrepancies include damage to electrical routing and
conduits, foreign object debris, electrical routing and conduits not
properly attached.
(6) Where paragraph (3) of EASA AD 2020-0249 specifies
corrective actions if any discrepancies are detected ``during the
first operational test as required by paragraph (1) of this [EASA]
AD, or during the inspection as required by paragraph (2) of this
[EASA] AD'' for this AD, the corrective actions must be done if any
discrepancies are detected during any operational test required by
paragraph (1) of EASA AD 2020-0249, or during the inspection
required by paragraph (2) of EASA AD 2020-0249.
(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 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) 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; telephone
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 2020-0249,
dated November 11, 2020.
(ii) [Reserved]
(3) For EASA AD 2020-0249, 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 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-2020-1133.
(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 December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-27910 Filed 12-15-20; 2:00 pm]
BILLING CODE 4910-13-P
