Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 20783 

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 

■ 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: 

Diamond Aircraft Industries Inc.: Docket No. 

FAA–2022–0450; Project Identifier 

MCAI–2021–00854–A. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by May 23, 

2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Diamond Aircraft 

Industries Inc. Model DA 40, DA 40 F, and 

DA 40 NG airplanes (including Model DA 40 

D airplanes that have been converted to 

Model DA 40 NG), all serial numbers, 

certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2550, Cargo Compartments. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as baggage 

nets installed with defective buckles. The 

FAA is issuing this AD to prevent failure of 

the baggage net to restrain the baggage or 

cargo. This unsafe condition, if not corrected, 

could result in injury to occupants in the 

case of an emergency landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Definition 

The following are ‘‘affected baggage nets’’ 

for purposes of this AD: 

(1) Quick fix baggage net assembly part 

number (P/N) D44–2550–90–00 with a date 

of manufacture of December 2015, November 

2016, or March 2017; and 

(2) Quick fix baggage net assembly P/N 

D67–2550–90–00_02 with a date of 

manufacture of June 2016. 

(h) Required Actions 

(1) Within 12 months after the effective 

date of this AD or within 50 hours time-inservice (TIS) after the effective date of this 

AD, whichever occurs first, inspect each 

baggage net to determine whether an affected 

baggage net is installed on your airplane. 

Note to paragraph (h)(1): The date of 

manufacture is located on the label with the 

abbreviation ‘‘DMF.’’ 

(i) If an affected baggage net is installed, 

before further flight, remove the baggage net 

from service. 

(ii) Before the next flight carrying baggage 

or cargo in the baggage compartment, install 

a baggage net that is not an affected baggage 

net in accordance with Figure 1 of the 

Accomplishment Instructions in the 

applicable service information in paragraph 

(i) of this AD. 

(2) As of the effective date of this AD, do 

not install an affected baggage net on any 

airplane. 

(i) Service Information 

(1) Diamond Aircraft Industries Mandatory 

Service Bulletin No. MSB 40–093, Rev. 0, 

dated July 6, 2021, for Model DA 40 

airplanes. 

(2) Diamond Aircraft Industries Mandatory 

Service Bulletin No. MSB F4–039, Rev. 0, 

dated July 6, 2021, for Model DA 40 F 

airplanes. 

(3) Diamond Aircraft Industries Mandatory 

Service Bulletin No. MSB 40NG–065, Rev. 1, 

dated July 6, 2021, for Model DA 40 NG 

airplanes. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, New York ACO 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 

certification office, send it to the attention of 

the person identified in paragraph (k)(1) of 

this AD. 

(2) For any requirement in this AD to 

obtain corrective actions from a 

manufacturer, the action must instead be 

accomplished using a method approved by 

the Manager, New York ACO Branch, FAA; 

or Transport Canada Civil Aviation (TCCA); 

or Diamond Aircraft Industries Inc.’s Design 

Organization Approval (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(k) Related Information 

(1) For more information about this AD, 

contact Chirayu Gupta, Aviation Safety 

Engineer, New York ACO Branch, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, NY 

11590; phone: (516) 228–7300; email: 

chirayu.a.gupta@faa.gov. 

(2) Refer to Transport Canada AD CF– 

2021–24, dated July 21, 2021, for more 

information. You may examine the Transport 

Canada AD in the AD docket at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2022–0450. 

(3) For service information identified in 

this AD, contact Diamond Aircraft Industries 

Inc., Att: Thit Tun, 1560 Crumlin Road, 

London, N5V 1S2, Canada; phone: (519) 457– 

4000; email: T.Tun@diamondaircraft.com. 

You may view this referenced service 

information at the FAA, Airworthiness 

Products Section, Operational Safety Branch, 

901 Locust, Kansas City, MO 64106. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

Issued on April 4, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–07527 Filed 4–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0396; Project 

Identifier MCAI–2021–01050–T] 

RIN 2120–AA64 

Airworthiness Directives; ATR—GIE 

Avions de Transport Re ́gional 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2021–09–13, which applies to certain 

ATR—GIE Avions de Transport 

Re ́gional Model ATR42–500 airplanes. 

AD 2021–09–13 requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. Since the FAA issued AD 

2021–09–13, the FAA has determined 

that new or more restrictive 

airworthiness limitations are necessary. 

This proposed AD would revise the 

applicability by adding airplanes. This 

proposed AD would also continue to 

require the actions in AD 2021–09–13 

and require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, 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 May 23, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 


jspears on DSK121TN23PROD with PROPOSALS1
20784 Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 

• 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, 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 material 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. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0396. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0396; 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, the mandatory continuing 

airworthiness information (MCAI), 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, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone 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–2022–0396; Project Identifier 

MCAI–2021–01050–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, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3220; email 

shahram.daneshmandi@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

The FAA issued AD 2021–09–13, 

Amendment 39–21527 (86 FR 27031, 

May 19, 2021) (AD 2021–09–13), for 

certain ATR—GIE Avions de Transport 

Re ́gional Model ATR42–500 airplanes. 

AD 2021–09–13 requires revising the 

existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations. The FAA issued AD 2021– 

09–13 to prevent reduced structural 

integrity of the airplane. 

Actions Since AD 2021–09–13 Was 

Issued 

Since the FAA issued AD 2021–09– 

13, the FAA has determined that new or 

more restrictive airworthiness 

limitations are necessary. 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0212, 

dated September 17, 2021 (EASA AD 

2021–0212) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for all ATR—GIE 

Avions de Transport Re ́gional Model 

ATR42–400 and –500 airplanes. Model 

ATR42–400 airplanes are not 

certificated by the FAA and are not 

included on the U.S. type certificate 

data sheet; this AD therefore does not 

include those airplanes in the 

applicability. 

Airplanes with an original 

airworthiness certificate or original 

export certificate of airworthiness 

issued after March 4, 2021, must comply 

with the airworthiness limitations 

specified as part of the approved type 

design and referenced on the type 

certificate data sheet; this proposed AD 

therefore does not include those 

airplanes in the applicability. 

This proposed AD was prompted by 

a determination that new or more 

restrictive airworthiness limitations are 

necessary. The FAA is proposing this 

AD to prevent reduced structural 

integrity of the airplane. See the MCAI 

for additional background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0212 describes new 

or more restrictive airworthiness 

limitations for airplane structures and 

for safe life limits of the components, 

among other actions not required by this 

AD. 

This AD would also require EASA AD 

2020–0263, dated December 1, 2020, 

which the Director of the Federal 

Register approved for incorporation by 

reference as of June 23, 2021 (86 FR 

27031, May 19, 2021). 

This material is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is proposing this AD 

because the FAA has evaluated all 

pertinent information and determined 

an unsafe condition exists and is likely 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 20785 

to exist or develop on other products of 

the same type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would retain the 

requirements of AD 2021–09–13. This 

proposed AD would also revise the 

applicability by adding airplanes and 

require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, 

which are specified in EASA AD 2021– 

0212 described previously, as proposed 

for incorporation by reference. Revising 

the existing maintenance or inspection 

program, as specified in EASA AD 

2021–0212, would terminate the 

retained requirements in AD 2021–09– 

13. Any differences with EASA AD 

2021–0212 are identified as exceptions 

in the regulatory text of this proposed 

AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections) and Critical 

Design Configuration Control 

Limitations (CDCCLs). Compliance with 

these actions and CDCCLs is required by 

14 CFR 91.403(c). For airplanes that 

have been previously modified, altered, 

or repaired in the areas addressed by 

this proposed AD, the operator may not 

be able to accomplish the actions 

described in the revisions. In this 

situation, to comply with 14 CFR 

91.403(c), the operator must request 

approval for an alternative method of 

compliance according to paragraph 

(m)(1) of this proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2021–0212 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2021–0212 

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 

EASA AD 2021–0212 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 EASA AD 2021–0212. 

Service information required by EASA 

AD 2021–0212 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0396 after the FAA final 

rule is published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections), 

intervals, or CDCCLs/or intervals may 

be used unless the actions, intervals, 

and CDCCLs/actions and intervals are 

approved as an Alternative Methods of 

Compliance (AMOC) in accordance with 

the procedures specified in the AMOCs 

paragraph under ‘‘Additional FAA 

Provisions.’’ This new format includes a 

‘‘New Provisions for Alternative 

Actions, Intervals, and CDCCLs/Actions 

and Intervals’’ paragraph that does not 

specifically refer to AMOCs, but 

operators may still request an AMOC to 

use an alternative action, interval, or 

CDCCL/action or interval. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 9 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2021–09–13 to be $7,650 (90 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new proposed actions to 

be $7,650 (90 work-hours × $85 per 

work-hour). 

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) 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. 


jspears on DSK121TN23PROD with PROPOSALS1
20786 Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 

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 

■ 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: 

■ a. Removing Airworthiness Directive 

(AD) 2021–09–13, Amendment 39– 

21527 (86 FR 27031, May 19, 2021); and 

■ b. Adding the following new AD: 

ATR—GIE Avions de Transport Re ́gional: 

Docket No. FAA–2022–0396; Project 

Identifier MCAI–2021–01050–T. 

(a) Comments Due Date 

The FAA must receive comments by May 

23, 2022. 

(b) Affected ADs 

This AD replaces AD 2021–09–13, 

Amendment 39–21527 (86 FR 27031, May 19, 

2021) (AD 2021–09–13). 

(c) Applicability 

This AD applies to ATR—GIE Avions de 

Transport Re ́gional Model ATR42–500 

airplanes, certificated in any category, with 

an original airworthiness certificate or 

original export certificate of airworthiness 

issued on or before March 4, 2021. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to prevent reduced structural 

integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With a 

Revised Paragraph Reference and a New 

Terminating Action 

This paragraph restates the requirements of 

paragraph (j) of AD 2021–09–13, with a 

revised paragraph reference and a new 

terminating action. For airplanes with an 

original airworthiness certificate or original 

export certificate of airworthiness dated on or 

before July 7, 2020: Except as specified in 

paragraph (h) of this AD, comply with all 

required actions and compliance times 

specified in, and in accordance with, 

European Union Aviation Safety Agency 

(EASA) AD 2020–0263, dated December 1, 

2020 (EASA AD 2020–0263). Accomplishing 

the maintenance or inspection program 

revision required by paragraph (j) of this AD 

terminates the requirements of this 

paragraph. 

(h) Retained Exceptions to EASA AD 2020– 

0263, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (k) of AD 2021–09–13, 

with no changes. For airplanes with an 

original airworthiness certificate or original 

export certificate of airworthiness dated on or 

before July 7, 2020, the following exceptions 

apply: 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2020– 

0263 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2020–0263 

specifies revising ‘‘the approved AMP 

[Aircraft Maintenance Program]’’ within 12 

months after its effective date, but this AD 

requires revising the existing maintenance or 

inspection program, as applicable, within 90 

days after June 23, 2021 (the effective date of 

AD 2021–09–13). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2020–0263 is at the applicable ‘‘thresholds’’ 

as incorporated by the requirements of 

paragraph (3) of EASA AD 2020–0263, or 

within 90 days after June 23, 2021 (the 

effective date of AD 2021–09–13), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2020–0263 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2020–0263 does not apply to this AD. 

(i) Retained Restrictions on Alternative 

Actions, Intervals, and Critical Design 

Configuration Control Limitations (CDCCLs), 

With a New Exception 

This paragraph restates the requirements of 

paragraph (l) of AD 2021–09–13, with a new 

exception. Except as required by paragraphs 

(j) and (k) of this AD, after the maintenance 

or inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2020–0263. 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2021–0212, 

dated September 17, 2021 (EASA AD 2021– 

0212). Accomplishing the revision of the 

existing maintenance or inspection program 

required by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2021–0212 

(1) Where EASA AD 2021–0212 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2021– 

0212 do not apply to this AD. 

(3) Paragraph (3) of EASA AD 2021–0212 

specifies revising ‘‘the approved AMP 

[Aircraft Maintenance Program]’’ within 12 

months after its effective date, but this AD 

requires revising the existing maintenance or 

inspection program, as applicable, within 90 

days after the effective date of this AD. 

(4) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2021–0212 is at the applicable ‘‘limitations’’ 

and ‘‘associated thresholds’’ as incorporated 

by the requirements of paragraph (3) of EASA 

AD 2021–0212, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(5) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2021–0212 do not 

apply to this AD. 

(6) The ‘‘Remarks’’ section of EASA AD 

2021–0212 does not apply to this AD. 

(l) New Provisions for Alternative Actions, 

Intervals, and CDCCLs 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of the ‘‘Ref. Publications’’ section 

of EASA AD 2021–0212. 

(m) Additional 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 (n)(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. 

(n) Related Information 

(1) For EASA AD 2021–0212, 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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Proposed Rules 20787 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0396. 

(2) For more information about this AD, 

contact Shahram Daneshmandi, Aerospace 

Engineer, Large Aircraft Section, FAA, 

International Validation Branch, 2200 South 

216th St., Des Moines, WA 98198; telephone 

and fax 206–231–3220; email 

shahram.daneshmandi@faa.gov. 

Issued on April 4, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–07470 Filed 4–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0399; Project 

Identifier MCAI–2021–00983–T] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.) 

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 

certain Embraer S.A. Model ERJ 190– 

100 ECJ airplanes. This proposed AD 

was prompted by a determination that 

new or more restrictive airworthiness 

limitations are necessary and that some 

life limits on some components used on 

the main landing gear (MLG) may not be 

properly controlled, due to 

interchanging those parts between 

airplane models with different 

operational loads during repair or 

overhaul. This proposed AD would 

require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations; 

reviewing maintenance records of the 

MLG assemblies to determine if any lifelimited item has been replaced and 

reporting those findings; and reidentifying the MLG assemblies and 

certain components; as specified in an 

Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD, which is proposed for 

incorporation by reference. This 

proposed AD would also prohibit 

installing certain part numbers. 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 May 23, 2022. 

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 

National Civil Aviation Agency (ANAC), 

Aeronautical Products Certification 

Branch (GGCP), Rua Dr. Orlando 

Feirabend Filho, 230—Centro 

Empresarial Aquarius—Torre B— 

Andares 14 a 18, Parque Residencial 

Aquarius, CEP 12.246–190—Sa ̃o Jose ́

dos Campos—SP, Brazil; telephone 55 

(12) 3203–6600; email pac@anac.gov.br; 

internet www.anac.gov.br/en/. You may 

find this material on the ANAC website 

at https://sistemas.anac.gov.br/ 

certificacao/DA/DAE.asp. 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 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0399. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0399; 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, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Krista Greer, Aerospace Engineer, Large 

Aircraft Section, FAA, International 

Validation Branch, 2200 South 216th 

St., Des Moines, WA 98198; telephone 

and fax 206–231–3221; email 

krista.greer@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–2022–0399; Project Identifier 

MCAI–2021–00983–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 this 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 NPRM. 

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 Krista Greer, 

Aerospace Engineer, Large Aircraft 

Section, FAA, International Validation 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3221; email krista.greer@

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 

The ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2021–08–01, effective August 31, 

2021 (ANAC AD 2021–08–01) (also 

referred to as the MCAI), to correct an 

unsafe condition for certain Embraer 

S.A. Model ERJ 190–100 ECJ airplanes. 


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