Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 35697-35700 [2021-14360]
Download as PDF
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(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.
(j) Related Information
(1) For more information about this AD,
contact Anthony Kenward, Aviation Safety
Engineer, Fort Worth ACO Branch,
Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222–5152; email
anthony.kenward@faa.gov.
(2) For service information identified in
this AD, contact Airbus Helicopters, 2701
North Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–0323;
fax (972) 641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html. You may view this
referenced service information at the FAA,
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N–
321, Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
(3) The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency)
(EASA) AD 2017–0062, dated April 11, 2017.
You may view the EASA AD at https://
www.regulations.gov in the AD Docket FAA–
2021–500.
Issued on June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–14399 Filed 7–6–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
khammond on DSKJM1Z7X2PROD with PROPOSALS
14 CFR Part 39
[Docket No. FAA–2021–0548; Project
Identifier MCAI–2021–00046–T]
RIN 2120–AA64
Airworthiness Directives; ATR–GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
16:33 Jul 06, 2021
Jkt 253001
Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
ATR–GIE Avions de Transport Re´gional
Model ATR42–500 and ATR72–212A
airplanes. This proposed AD was
prompted by reports indicating that
certain Thales global positioning system
(GPS) satellite based augmentation
system (SBAS) receivers provided,
under certain conditions, erroneous
outputs on aircraft positions. This
proposed AD would require replacing
affected GPS SBAS receivers with new,
improved receivers, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 23,
2021.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
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–2021–
0548.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0548; or in person at Docket Operations
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
35697
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3220;
email: shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0548; Project Identifier
MCAI–2021–00046–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to 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 proposed
AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Shahram
Daneshmandi, Aerospace Engineer,
Large Aircraft Section, International
E:\FR\FM\07JYP1.SGM
07JYP1
35698
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
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.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0013,
dated January 13, 2021 (EASA AD
2021–0013) (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
ATR42–500 and ATR72–212A
airplanes.
This proposed AD was prompted by
reports indicating that Thales GPS
SBAS receivers provided, under certain
conditions, erroneous outputs on
aircraft positions. The manufacturer
developed a new, improved receiver
which incorporates improved software
and ensures correct navigational
performance. The FAA is proposing this
AD to address erroneous aircraft
position outputs from the GPS SBAS
receivers, which could result in
controlled flight into terrain, and
consequent loss of control of the
airplane.
Although paragraphs (2) and (3) of
EASA AD 2021–0013 require amending
the applicable AFM, the FAA has
determined that this requirement is not
necessary. The FAA received
verification from the manufacturer that
the unsafe condition in this proposed
AD will be addressed by replacing the
GPS SBAS receivers with new,
improved receivers. However, the GPS
procedures added to the AFM as
required by AD 2020–08–02,
Amendment 39–21108 (85 FR 20586,
April 14, 2020) (AD 2020–08–02), must
be removed, as specified in paragraph
(h)(2) of this proposed AD.
See the MCAI for additional
background information.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Related AD
AD 2020–08–02 applies to certain
Thales GPS SBAS receivers installed on
airplanes (including Model ATR42–500
and ATR72–212A) and helicopters. AD
2020–08–02 requires the installation of
a software update to the aircraft
navigation database and insertion of a
VerDate Sep<11>2014
16:33 Jul 06, 2021
Jkt 253001
change to the applicable airplane flight
manual (AFM). The FAA issued AD
2020–08–02 to address erroneous
aircraft position outputs from the
affected Thales GPS SBAS receivers,
which could result in controlled flight
into terrain and loss of the aircraft. AD
2020–08–02 corresponds to EASA AD
2019–0004, dated January 11, 2019.
Upon completion of EASA AD 2021–
0013 by Model ATR42–500 and ATR72–
212A airplanes, all requirements of
EASA 2019–0004 are effectively
terminated for those airplanes.
Related Service Information Under 1
CFR Part 51
EASA AD 2021–0013 describes
procedures for replacing certain GPS
SBAS receivers with new, improved
receivers. This material is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to 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 proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2021–0013 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 ‘‘Difference Between
this Proposed AD and the MCAI.’’
Accomplishment of the requirements of
this AD would terminate all
requirements of AD 2020–08–02 for
Model ATR42–500 and ATR72–212A
airplanes.
Difference Between This Proposed AD
and the MCAI
Although certain service information
specified in EASA AD 2021–0013
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
specifies the inclusion of MOD 10046 in
the AFM List of Modifications (LOM),
this proposed AD does not include this
requirement. Instead, after
accomplishment of the actions in this
proposed AD, operators would be
required to remove the AFM revisions
for the GPS reset procedures that are
required by FAA AD 2020–08–02,
because the unsafe condition in this
proposed AD will be addressed by the
GPS SBAS receiver replacement. This
difference has been coordinated with
ATR and EASA.
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
2021–0013 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2021–0013
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2021–0013 that is required for
compliance with EASA AD 2021–0013
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0548 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 15 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
E:\FR\FM\07JYP1.SGM
07JYP1
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
35699
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0 *
$170
$2,550
* The manufacturer will provide replacement receivers at no cost to the operators. The FAA has received no definitive data on which to base
the cost estimates for these parts.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
khammond on DSKJM1Z7X2PROD with PROPOSALS
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
VerDate Sep<11>2014
16:33 Jul 06, 2021
Jkt 253001
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 (AD):
■
ATR–GIE Avions de Transport Re´gional:
Docket No. FAA–2021–0548; Project
Identifier MCAI–2021–00046–T.
(a) Comments Due Date
The FAA must receive comments by
August 23, 2021.
(b) Affected Airworthiness Directives (ADs)
This AD affects AD 2020–08–02,
Amendment 39–21108 (85 FR 20586, April
14, 2020) (AD 2020–08–02).
(c) Applicability
This AD applies to all ATR–GIE Avions de
Transport Re´gional Model ATR42–500 and
ATR72–212A airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Reason
This AD was prompted by reports that
Thales global positioning system (GPS)
satellite based augmentation system (SBAS)
receivers provided, under certain conditions,
erroneous outputs on aircraft positions. The
FAA is issuing this AD to address the
potential for these erroneous outputs, which
could result in controlled flight into terrain,
and consequent 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 2021–0013, dated
January 13, 2021 (EASA AD 2021–0013).
(h) Exceptions to EASA AD 2021–0013
(1) Where EASA AD 2021–0013 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The requirements specified in
paragraphs (2) and (3) of EASA AD 2021–
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
0013 do not apply to this AD. Instead, the
AFM changes required by AD 2020–08–02
must be removed from the existing AFM
before further flight after compliance with all
other actions required by this AD.
(3) The ‘‘Remarks’’ section of EASA AD
2021–0013 does not apply to this AD.
(i) Terminating Action for AD 2020–08–02
Accomplishment of this AD terminates all
requirements of AD 2020–08–02 for Model
ATR42–500 and ATR72–212A airplanes.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or 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 (k)(2) 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.
(k) Related Information
(1) For information about EASA AD 2021–
0013, contact 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. 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–2021–0548.
(2) For more information about this AD,
contact Shahram Daneshmandi, Aerospace
E:\FR\FM\07JYP1.SGM
07JYP1
35700
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
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.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–14494 Filed 7–6–21; 8:45 am]
Issued on June 30, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR Doc. 2021–14360 Filed 7–6–21; 8:45 am]
BILLING CODE 4910–13–P
47 CFR Part 90
FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 21–230; FCC 21–69; FR ID
35413]
47 CFR Parts 2, 15, 90 and 95
Automatic Identification System
Channels
[ET Docket No 19–138; Report No. 3176;
FRS 34533]
AGENCY:
Petitions for Reconsideration of Action
in Rulemaking Proceeding
ACTION:
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
VerDate Sep<11>2014
16:33 Jul 06, 2021
Jkt 253001
Federal Communications
Commission.
Proposed rule.
In this document, a Notice of
Proposed Rulemaking (NPRM) adopted
by the Federal Communications
Commission (Commission) fulfils the
Commission’s statutory duty pursuant
to Section 8416 of the National Defense
Authorization Act for Fiscal Year 2021,
which directs the Commission to
initiate a rulemaking proceeding by June
30, 2021 to consider whether to
authorize devices used to mark fishing
equipment for use on Automatic
Identification System (AIS) channels.
This document seeks comment on the
extent to which the 1900–2000 kHz
band is used to support fishing
operations, the extent of unauthorized
deployment of devices used to mark
fishing equipment using AIS technology
on AIS channels, and whether to
authorize devices used to mark fishing
equipment for use on current AIS
channels. In addition, the NPRM
explores whether 160.900 MHz is a
viable alternative for devices used to
mark fishing equipment. In the event
the Commission were to authorize
devices used to mark fishing equipment
to use AIS channels or 160.900 MHz,
the NPRM seeks comment on whether
there are technical and operational
constraints that could be imposed to
maintain maritime safety and protect
incumbents. Finally, the NPRM seeks
comment on a consumer labeling
approach for authorized equipment to
provide consumers guidance on
whether the equipment being purchased
complies with both the Coast Guard’s
and the Commission’s rules.
SUMMARY:
Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s rulemaking proceeding
by Sean T. Conway, on behalf of 5G
Automotive Association, Julian
Gehman, on behalf of The Amateur
Radio Emergency Data Network, and
Hilary Cain, on behalf of The Alliance
for Automotive Innovation.
DATES: Oppositions to the Petitions
must be filed on or before July 22, 2021.
Replies to an opposition must be filed
on or before August 2, 2021.
ADDRESSES: Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Jamie Coleman, Office of Engineering
and Technology, Policy and Rules
Division, (202) 418–2705 or
jamie.coleman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3176, released
June 16, 2021. The full text of the
Petitions can be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
Subject: Use of the 5.850–5.925 GHz
Band, FCC 20–164, published at 86 FR
23281, May 3, 2021, ET Docket No. 19–
138. This document is being published
pursuant to 47 CFR 1.429(e). See also 47
CFR 1.4(b)(1) and 1.429(f), (g).
SUMMARY:
khammond on DSKJM1Z7X2PROD with PROPOSALS
Number of Petitions Filed: 3.
Interested parties may filed
comments on or before August 6, 2021;
and reply comments on or before
September 7, 2021.
DATES:
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
You may submit comments,
identified by WT Docket No. 21–230, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://www.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020),
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
People with Disabilities. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
FOR FURTHER INFORMATION CONTACT:
Nellie Foosaner of the Wireless
Telecommunications Bureau, Mobility
Division, at (202) 418–2925.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM) in WT
Docket No. 21–230, FCC 21–69 adopted
on June 15, 2021 and released on June
16, 2021. The full text of this document,
including all Appendices, is available
for public inspection on the
Commission’s website at https://
docs.fcc.gov/public/attachments/FCC21-69A1.pdf.
ADDRESSES:
E:\FR\FM\07JYP1.SGM
07JYP1
Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Proposed Rules]
[Pages 35697-35700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14360]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0548; Project Identifier MCAI-2021-00046-T]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and
ATR72-212A airplanes. This proposed AD was prompted by reports
indicating that certain Thales global positioning system (GPS)
satellite based augmentation system (SBAS) receivers provided, under
certain conditions, erroneous outputs on aircraft positions. This
proposed AD would require replacing affected GPS SBAS receivers with
new, improved receivers, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by August 23,
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 that will be incorporated by reference (IBR) in this
AD, contact 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-2021-0548.
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-2021-
0548; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0548; Project Identifier
MCAI-2021-00046-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
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 proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International
[[Page 35698]]
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.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0013, dated January 13, 2021
(EASA AD 2021-0013) (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 ATR42-500 and
ATR72-212A airplanes.
This proposed AD was prompted by reports indicating that Thales GPS
SBAS receivers provided, under certain conditions, erroneous outputs on
aircraft positions. The manufacturer developed a new, improved receiver
which incorporates improved software and ensures correct navigational
performance. The FAA is proposing this AD to address erroneous aircraft
position outputs from the GPS SBAS receivers, which could result in
controlled flight into terrain, and consequent loss of control of the
airplane.
Although paragraphs (2) and (3) of EASA AD 2021-0013 require
amending the applicable AFM, the FAA has determined that this
requirement is not necessary. The FAA received verification from the
manufacturer that the unsafe condition in this proposed AD will be
addressed by replacing the GPS SBAS receivers with new, improved
receivers. However, the GPS procedures added to the AFM as required by
AD 2020-08-02, Amendment 39-21108 (85 FR 20586, April 14, 2020) (AD
2020-08-02), must be removed, as specified in paragraph (h)(2) of this
proposed AD.
See the MCAI for additional background information.
Related AD
AD 2020-08-02 applies to certain Thales GPS SBAS receivers
installed on airplanes (including Model ATR42-500 and ATR72-212A) and
helicopters. AD 2020-08-02 requires the installation of a software
update to the aircraft navigation database and insertion of a change to
the applicable airplane flight manual (AFM). The FAA issued AD 2020-08-
02 to address erroneous aircraft position outputs from the affected
Thales GPS SBAS receivers, which could result in controlled flight into
terrain and loss of the aircraft. AD 2020-08-02 corresponds to EASA AD
2019-0004, dated January 11, 2019. Upon completion of EASA AD 2021-0013
by Model ATR42-500 and ATR72-212A airplanes, all requirements of EASA
2019-0004 are effectively terminated for those airplanes.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0013 describes procedures for replacing certain GPS
SBAS receivers with new, improved receivers. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to 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 proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0013 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 ``Difference
Between this Proposed AD and the MCAI.'' Accomplishment of the
requirements of this AD would terminate all requirements of AD 2020-08-
02 for Model ATR42-500 and ATR72-212A airplanes.
Difference Between This Proposed AD and the MCAI
Although certain service information specified in EASA AD 2021-0013
specifies the inclusion of MOD 10046 in the AFM List of Modifications
(LOM), this proposed AD does not include this requirement. Instead,
after accomplishment of the actions in this proposed AD, operators
would be required to remove the AFM revisions for the GPS reset
procedures that are required by FAA AD 2020-08-02, because the unsafe
condition in this proposed AD will be addressed by the GPS SBAS
receiver replacement. This difference has been coordinated with ATR and
EASA.
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 2021-0013
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0013 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2021-0013 that is required for compliance with EASA AD 2021-
0013 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0548 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 15 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 35699]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $0 * $170 $2,550
----------------------------------------------------------------------------------------------------------------
* The manufacturer will provide replacement receivers at no cost to the operators. The FAA has received no
definitive data on which to base the cost estimates for these parts.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2021-
0548; Project Identifier MCAI-2021-00046-T.
(a) Comments Due Date
The FAA must receive comments by August 23, 2021.
(b) Affected Airworthiness Directives (ADs)
This AD affects AD 2020-08-02, Amendment 39-21108 (85 FR 20586,
April 14, 2020) (AD 2020-08-02).
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by reports that Thales global positioning
system (GPS) satellite based augmentation system (SBAS) receivers
provided, under certain conditions, erroneous outputs on aircraft
positions. The FAA is issuing this AD to address the potential for
these erroneous outputs, which could result in controlled flight
into terrain, and consequent 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
2021-0013, dated January 13, 2021 (EASA AD 2021-0013).
(h) Exceptions to EASA AD 2021-0013
(1) Where EASA AD 2021-0013 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (2) and (3) of EASA
AD 2021-0013 do not apply to this AD. Instead, the AFM changes
required by AD 2020-08-02 must be removed from the existing AFM
before further flight after compliance with all other actions
required by this AD.
(3) The ``Remarks'' section of EASA AD 2021-0013 does not apply
to this AD.
(i) Terminating Action for AD 2020-08-02
Accomplishment of this AD terminates all requirements of AD
2020-08-02 for Model ATR42-500 and ATR72-212A airplanes.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or 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 (k)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
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.
(k) Related Information
(1) For information about EASA AD 2021-0013, contact 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. 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-
2021-0548.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace
[[Page 35700]]
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].
Issued on June 30, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14360 Filed 7-6-21; 8:45 am]
BILLING CODE 4910-13-P