[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58967-58970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0799; Directorate Identifier 2012-NM-153-AD]
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).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain ATR-GIE Avions de Transport R[eacute]gional

[[Page 58968]]

Model ATR42 and Model ATR72 airplanes. This proposed AD was prompted by 
reports of defective sealing between the nacelle lower fairing and the 
underwing box. This proposed AD would require a one-time general visual 
inspection for damaged (worn, torn, or abraded) or missing seals 
between the nacelle lower fairing and the underwing box of both the 
left-hand and right-hand engine nacelles, and replacement of the seal 
and/or shims if necessary. We are proposing this AD to prevent the 
decrease of the fire extinguishing agent efficiency, which could delay 
fire extinction and allow fire propagation out of the nacelle fire 
protected area, resulting in damage to the airplane.

DATES: We must receive comments on this proposed AD by November 12, 
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 [email protected]; 
Internet http://www.aerochain.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the MCAI, the 
regulatory evaluation, any comments received, and other information. 
The street address for the Docket Operations office (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-1137; fax: 
425-227-1149; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0799; 
Directorate Identifier 2012-NM-153-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0160, dated August 24, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Some cases of defective sealing have been reported on in-service 
aeroplanes on Left-Hand (LH) and Right-Hand (RH), between the 
nacelle lower fairing and the underwing box.
    Investigation results have shown that this issue was due to 
either damaged or missing seal and/or incorrect adjustment of the 
nacelle lower fairing.
    This condition, if not detected and corrected, may decrease the 
extinguishing agent efficiency, delay the fire extinction and allow 
fire propagation out of the nacelle fire protected area, possibly 
resulting in damage to the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time [general visual] inspection of the affected area [between the 
nacelle lower fairing and the underbox wing for damaged (worn, torn, 
or abraded) or missing seals] and, depending on findings, 
accomplishment of applicable corrective actions to restore the area 
integrity.

    Corrective actions include replacing the seal and/or shims. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    ATR-GIE Avions de Transport R[eacute]gional has issued Service 
Bulletins ATR42-54-0029 and ATR72-54-1023, both dated July 18, 2012. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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 our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    The MCAI and service bulletins refer only to an inspection of the 
gaps and seal conditions between the nacelle lower fairing and the 
underwing box. This AD requires a general visual inspection for damaged 
or missing seals between the nacelle lower fairing and the underwing 
box.

Costs of Compliance

    We estimate that this proposed AD affects 42 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  4 work-hours x $85 per                $0            $340         $14,280
                                         hour = $340.
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[[Page 58969]]

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  36 work-hours x $85 per hour =                 $341          $3,401
                                              $3,060.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591. ATTN: Information Collection Clearance Officer, AES-200.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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 AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2013-
0799; Directorate Identifier 2012-NM-153-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraph (c)(1) 
and (c)(2) of this AD.
    (1) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, -300, -320, and -500 airplanes, certificated in any category, 
manufacturer serial number 003 through 623 inclusive.
    (2) ATR--GIE Avions de Transport R[eacute]gional Model ATR72-
101, -201, -102, -202, -211, -212, and -212A airplanes, certificated 
in any category, manufacturer serial number 108 through 710 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by reports of defective sealing between the 
nacelle lower fairing and the underwing box. We are issuing this AD 
to prevent the decrease of the fire extinguishing agent efficiency, 
which could delay fire extinction and allow fire propagation out of 
the nacelle fire protected area, resulting in damage to the 
airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection and Corrective Actions

    Within 5,000 flight hours after the effective date of this AD: 
Do a one-time general visual inspection for damaged (worn, torn, or 
abraded) and missing shims and seals, between the nacelle lower 
fairing and the underwing box of both the left-hand and right-hand 
engine nacelles, in accordance with the Accomplishment Instructions 
of Avions de Transport R[eacute]gional Service Bulletin ATR42-54-
0029; or ATR72-54-1023, both dated July 18, 2012; as applicable. If 
any seal or shim is damaged or missing, before further flight, 
replace, as applicable, in accordance with the Accomplishment 
Instructions of Avions de Transport R[eacute]gional Service Bulletin 
ATR42-54-0029; or ATR72-54-1023, both dated July 18, 2012; as 
applicable.

(h) Reporting

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: Submit a report using the applicable Accomplishment 
Report of Avions de Transport R[eacute]gional Service Bulletin 
ATR42-54-0029; or ATR72-54-1023, both dated July 18, 2012; to ATR 
Engineering, Service Bulletin Group, 1 Allee Pierre Nadot, 31712 
Blagnac Cedex, France; phone: +33 (0)5 62 21 62 21; fax: +33 (0)5 62 
21 69 41; email: [email protected].

[[Page 58970]]

    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 International 
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-227-1137; 
fax: 425-227-1149; email: [email protected]. 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 local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0160, dated August 24, 2012, for related information. 
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov.
    (2) For 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 [email protected]; 
Internet http://www.aerochain.com. You may review copies of this 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on September 17, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-23315 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P