[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69011-69013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22083]


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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


Airworthiness Directives; ATR--GIE Avions de Transport 
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-10-
20, which applied to certain ATR-GIE Avions de Transport 
R[eacute]gional 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:
    <bullet> For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email <a href="/cdn-cgi/l/email-protection#38797c4b785d594b59165d4d4a574859165d4d"><span class="__cf_email__" data-cfemail="7332370033161200125d1606011c03125d1606">[email protected]</span></a>; website easa.europa.eu. You may 
find this material on the EASA website ad.easa.europa.eu.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#3a49525b52485b57145e5b545f4952575b545e537a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="710219101903101c5f15101f1402191c101f1518311710105f161e07">[email protected]</span></a>.

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 R[eacute]gional 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.

[[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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-10-20...  3 work-hours x $85 per                $0            $255          $5,355
                                         hour = $255.
New actions...........................  10 work-hours x $85 per                0             850          17,850
                                         hour = $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

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:
0
a. Removing Airworthiness Directive 2021-10-20, Amendment 39-21553 (86 
FR 26373, May 14, 2021); and
0
b. Adding the following new Airworthiness Directive:

2023-19-07 ATR--GIE Avions de Transport R[eacute]gional: 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 
R[eacute]gional 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.

[[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: <a href="/cdn-cgi/l/email-protection#033a2e4255502e424a512e3430332e424e4c40436562622d646c75"><span class="__cf_email__" data-cfemail="a29b8fe3f4f18fe3ebf08f9591928fe3efede1e2c4c3c38cc5cdd4">[email protected]</span></a>. 
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 
R[eacute]gional'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 
<a href="/cdn-cgi/l/email-protection#81f2e9e0e9f3e0ecafe5e0efe4f2e9ece0efe5e8c1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="04776c656c7665692a60656a61776c69656a606d446265652a636b72">[email protected]</span></a>.

(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: 
<a href="/cdn-cgi/l/email-protection#1d5c596e5d787c6e7c3378686f726d7c337868"><span class="__cf_email__" data-cfemail="0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#2f495d0146415c5f4a4c5b4640416f414e5d4e01484059"><span class="__cf_email__" data-cfemail="cbadb9e5a2a5b8bbaea8bfa2a4a58ba5aab9aae5aca4bd">[email protected]</span></a>, 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


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