[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83820-83822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26381]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1713; Project Identifier MCAI-2023-00781-T; 
Amendment 39-22582; AD 2023-21-10]
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 adopting a new airworthiness directive (AD) for 
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 
and ATR72-212A airplanes. This AD was prompted by reports of loose 
fasteners and cracks in the horizontal stabilizer (HS) left- and right-
hand leading edge lateral ribs, the box in between, the center box 
upper panel, and HS forward back-up fitting. This AD requires an 
inspection of the HS affected areas for discrepancies and applicable 
corrective action, 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 is effective January 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 5, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1713; 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 EASA 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#4f0e0b3c0f2a2e3c2e612a3a3d203f2e612a3a"><span class="__cf_email__" data-cfemail="d19095a291b4b0a2b0ffb4a4a3bea1b0ffb4a4">[email protected]</span></a>; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu.
    <bullet> For ATR--GIE Avions de Transport R[eacute]gional service 
information incorporated by reference in this AD, contact ATR--GIE 
Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre Nadot, 31712 
Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 
62 21 67 18; email continued.airworthiness@atr aircraft.com; website 
atr-aircraft.com.
    <bullet> 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. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1713.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;

[[Page 83821]]

telephone 206-231-3220; email <a href="/cdn-cgi/l/email-protection#55263d343d2734387b31343b30263d38343b313c153334347b323a23"><span class="__cf_email__" data-cfemail="691a0108011b0804470d08070c1a010408070d00290f0808470e061f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions 
de Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. 
The NPRM published in the Federal Register on August 14, 2023 (88 FR 
54944). The NPRM was prompted by AD 2023-0125, dated June 22, 2023, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2023-0125) (also referred to as the MCAI). 
The MCAI states that several occurrences of loose fasteners and cracks 
on the HS left- and right-hand leading edge lateral ribs, the box in 
between, the center box upper panel, and HS forward back-up fitting 
have been reported. Subsequent investigations identified possible 
manufacturing errors and a list of horizontal tail planes that could be 
affected by similar issues. This condition, if not detected and 
corrected, could reduce the structural integrity of the airplane.
    In the NPRM, the FAA proposed to require an inspection of the HS 
affected areas (HS left-hand and right-hand leading edge lateral ribs, 
the box in between, the center box upper panel, and HS forward back-up 
fitting). for discrepancies and applicable corrective action, as 
specified in EASA AD 2023-0125. The FAA is issuing this AD to address 
loose, missing, or incorrectly installed fasteners, composite 
delamination, and cracks in the HS. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1713.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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 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 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, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0125 specifies procedures for a one-time detailed 
inspection of the HS left- and right-hand leading edge lateral ribs, 
the box in between, the center box upper panel, and HS forward back-up 
fitting for discrepancies (i.e., loose, missing, and incorrectly 
installed fasteners, composite delamination, and a cracked fitting); 
and applicable corrective action. The corrective action includes 
contacting the manufacturer for repair instructions if any discrepancy 
is detected during any inspection.
    ATR Service Bulletin ATR42-55-0020, dated March 2, 2023; and ATR 
Service Bulletin ATR72-55-1013, dated March 2, 2023; identify the 
affected airplane serial numbers.
    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 16 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $10,880
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this AD.

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.

[[Page 83822]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-21-10 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-22582; Docket No. FAA-2023-1713; Project Identifier MCAI-2023-
00781-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-500 and ATR72-212A airplanes, certificated in any 
category, as identified in ATR Service Bulletin ATR42-55-0020, dated 
March 2, 2023; or ATR Service Bulletin ATR72-55-1013, dated March 2, 
2023; as applicable.

(d) Subject

    Air Transport Association (ATA) of America Code: 55, 
Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of loose fasteners and cracks in 
the horizontal stabilizer (HS) left- and right-hand leading edge 
lateral ribs, the box in between, the center box upper panel, and HS 
forward back-up fitting. The FAA is issuing this AD to address 
loose, missing, or incorrectly installed fasteners, composite 
delamination, and cracks in the HS. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0125, dated June 22, 2023 (EASA AD 2023-0125).

(h) Exceptions to EASA AD 2023-0125

    (1) Where paragraph (1) of EASA AD 2023-0125 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (2) Where paragraph (2) of EASA AD 2023-0125 specifies to 
``contact ATR for approved repair instructions and, within the 
compliance time specified therein, accomplish those instructions 
accordingly'' if any discrepancy is detected, for this AD if any 
crack is detected, the crack must be repaired before further flight 
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.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0125.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-0125 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#497064081f1a6408001b647e7a79640804060a092f2828672e263f"><span class="__cf_email__" data-cfemail="a39a8ee2f5f08ee2eaf18e9490938ee2eeece0e3c5c2c28dc4ccd5">[email protected]</span></a>. 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#74071c151c0615195a10151a11071c19151a101d341215155a131b02"><span class="__cf_email__" data-cfemail="e3908b828b91828ecd87828d86908b8e828d878aa3858282cd848c95">[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 2023-0125, 
dated June 22, 2023.
    (ii) ATR Service Bulletin ATR42-55-0020, dated March 2, 2023.
    (iii) ATR Service Bulletin ATR72-55-1013, dated March 2, 2023.
    (3) For EASA AD 2023-0125, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#cf8e8bbc8faaaebcaee1aababda0bfaee1aaba"><span class="__cf_email__" data-cfemail="0140457241646072602f6474736e71602f6474">[email protected]</span></a>; website easa.europa.eu. You may find this EASA 
AD on the EASA website ad.easa.europa.eu.
    (4) For ATR service information identified in this AD, contact 
ATR--GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; email continued.airworthiness@atr 
aircraft.com; website atr-aircraft.com.
    (5) 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.
    (6) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#3d5b4f1354534e4d585e495452537d535c4f5c135a524b"><span class="__cf_email__" data-cfemail="1076623e797e6360757364797f7e507e7162713e777f66">[email protected]</span></a>.

    Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.

[FR Doc. 2023-26381 Filed 11-30-23; 8:45 am]
BILLING CODE 4910-13-P


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