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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2023-1641; Project Identifier MCAI-2023-00598-T; Amendment 39-22557; AD 2023-19-07]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-10-20, which applied to certain ATR-GIE Avions de Transport Régional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20 required revising the existing aircraft flight manual (AFM) and applicable corresponding operational procedures to update a systems limitation, limiting dispatch with certain equipment inoperative, performing an operational test of a certain contactor and an electrical test of a certain battery toggle switch, and performing corrective actions if necessary. This AD was prompted by new procedures for modifying the wiring and replacing the battery toggle switch that have been developed that would terminate the AD requirements. This AD continues to require certain actions in AD 2021-10-20, and requires modifying the battery toggle switch wiring and replacing the battery toggle switch, and revises the applicability to include additional airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
 DATES: This AD is effective November 9, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 9, 2023.
 ADDRESSES:  *AD Docket:*
                         You may examine the AD docket at 
                        *regulations.gov*
                         under Docket No. FAA-2023-1641; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. *Material Incorporated by Reference:* For material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email*ADs@easa.europa.eu*; website 
                        *easa.europa.eu*. You may find this material on the EASA website 
                        *ad.easa.europa.eu*.
                    You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available in the AD docket at*regulations.gov*
                         under Docket No. FAA-2023-1641.
 FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3220; email: 
                        *shahram.daneshmandi@faa.gov*.


SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2021-10-20, Amendment 39-21553 (86 FR 26373, May 14, 2021) (AD 2021-10-20). AD 2021-10-20 applied to certain ATR-GIE Avions de Transport Régional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20 required revising the existing AFM and applicable corresponding operational procedures to update a systems limitation, limiting dispatch with certain equipment inoperative, performing an operational test of a certain contactor and an electrical test of a certain battery toggle switch, and performing corrective actions if necessary. The FAA issued AD 2021-10-20 to address reports of temporary loss of all display units and the integrated electronic standby instrument (IESI), which could result in loss of control of the airplane. The NPRM published in the 
                    **Federal Register**
                     on July 28, 2023 (88 FR 48764). The NPRM was prompted by AD 2023-0078R1, dated April 20, 2023, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2023-0078R1) (also referred to as the MCAI). The MCAI states that new modification instructions have been published that would terminate the requirements of EASA Emergency AD 2021-0120-E, dated May 3, 2021 (which prompted FAA AD 2021-10-20). The MCAI also expands the applicability to include Model ATR72-101, -102, -201, -202, -211, and -212 airplanes. The MCAI states that temporary loss of all display units and the IESI, if not corrected, could result in loss of control of the airplane. In the NPRM, the FAA proposed to continue to require certain actions in AD 2021-10-20, and to require modifying the battery toggle switch wiring and replacing the battery toggle switch, and to revise the applicability to include additional airplanes, as specified in EASA AD 2023-0078R1. The NPRM also proposed to prohibit the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at 
                    *regulations.gov*
                     under Docket No. FAA-2023-1641. Changes Since the NPRM Was Issued In the “Costs of Compliance” section, the NPRM stated an incorrect estimated cost of the retained actions from AD 2021-10-20. The FAA has corrected the cost information in this final rule. Discussion of Final Airworthiness Directive Comments The FAA received one comment from Air Line Pilots Association, International (ALPA) who supported the NPRM without change. Conclusion These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.
                    ( print page 69012) Related Service Information Under 1 CFR Part 51 EASA AD 2023-0078R1 specifies procedures for revising the existing AFM to update a systems limitation for the transformer rectifier unit (TRU), limiting dispatch with certain equipment inoperative (which can be done by amending the operator's minimum equipment list (MEL)), performing an operational test of the contactor FIN 1PA for discrepancies (
                    *i.e.,*
                     a lack of power supply to DU 4 or a static inverter 1 INV FAULT not being displayed on 29VU), replacing the battery toggle switch FIN 7PA, modifying the wiring, and performing corrective actions. Corrective actions include replacing the contactor FIN 1PA and restoring wiring. EASA AD 2023-0078R1 also prohibits the installation of affected parts. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    **ADDRESSES**
                     section. Costs of Compliance The FAA estimates that this AD affects 21 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions
Action
Labor cost
Parts cost
Cost per 
                             product
Cost on U.S. 
                             operatorsRetained actions from AD 2021-10-20
3 work-hours × $85 per hour = $255
$0
$255
$5,355New actions
10 work-hours × $85 per hour = $850
0
850
17,850
 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings 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, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Incorporation by reference
Safety
 The 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
 2.The FAA amends § 39.13 by: a.Removing Airworthiness Directive 2021-10-20, Amendment 39-21553 ( 86 FR 26373, May 14, 2021); and b.Adding the following new Airworthiness Directive: **2023-19-07 ATR—GIE Avions de Transport Régional:**
                             Amendment 39-22557; Docket No. FAA-2023-1641; Project Identifier MCAI-2023-00598-T. (a) Effective Date This airworthiness directive (AD) is effective November 9, 2023. (b) Affected ADs This AD replaces AD 2021-10-20, Amendment 39-21553 (86 FR 26373, May 14, 2021) (AD 2021-10-20). (c) Applicability This AD applies to all ATR-GIE Avions de Transport Régional Model ATR42-500, and ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code: 24, Electrical Power. (e) Unsafe Condition This AD was prompted by reports of temporary loss of all display units and the integrated electronic standby instrument (IESI). The FAA is issuing this AD to address temporary loss of all display units and the IESI, which could result in loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2023-0078R1, dated April 20, 2023 (EASA AD 2023-0078R1). (h) Exceptions to EASA AD 2023-0078R1 (1) Where EASA AD 2023-0078R1 refers to “05 May 2021 [the effective date of EASA AD 2021-0120-E],” this AD requires using May 14, 2021 (the effective date of AD 2021-10-20). (2) Where EASA AD 2023-0078R1 refers to its effective date, this AD requires using the effective date of this AD. (3) Where paragraphs (1), (2), and (5) of EASA AD 2023-0078R1 specify to “inform all flight crews, and, thereafter, operate the aeroplane accordingly,” this AD does not require those actions as those actions are already required by existing FAA operating regulations (see 14 CFR 91.9, 91.505, and 121.137). (4) Where paragraph (4) of EASA AD 2023-0078R1 specifies actions if “discrepancies are detected,” for this AD a “discrepancy” is defined as a lack of power supply to DU 4 or a INV FAULT is not triggered. (5) This AD does not adopt the “Remarks” section of EASA AD 2023-0078R1.
                            ( print page 69013) (i) No Reporting Requirement Although certain service information referenced in EASA AD 2023-0078R1 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Additional AD Provisions The following provisions also apply to this AD: (1) 
                            *Alternative Methods of Compliance (AMOCs):*
                             The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k) of this AD or email to: 
                            *9-AVS-AIR-730-AMOC@faa.gov*. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) 
                            *Contacting the Manufacturer:*
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or ATR-GIE Avions de Transport Régional's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (k) Additional Information For more information about this AD, contact Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3220; email 
                            *shahram.daneshmandi@faa.gov*. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023-0078R1, dated April 20, 2023. (ii) [Reserved] (3) For EASA AD 2023-0078R1, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email: 
                            *ADs@easa.europa.eu*; website: 
                            *easa.europa.eu*. You may find this EASA AD on the EASA website: 
                            *ad.easa.europa.eu*. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email 
                            *fr.inspection@nara.gov,*
                             or go to: 
                            *www.archives.gov/​federal-register/​cfr/​ibr-locations.html*. Issued on September 22, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2023-22083 Filed 10-4-23; 8:45 am] BILLING CODE 4910-13-P