[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Proposed Rules]
[Pages 70892-70895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28445]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / 
Proposed Rules  

[[Page 70892]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0975; Directorate Identifier 2013-NM-082-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).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede airworthiness directive (AD) 2009-18-
18, which applies to certain ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42 and ATR72 airplanes. AD 2009-18-18 requires 
repetitive inspections for damage and absence of repair of the cockpit 
forward side windows, and replacement if necessary. Since we issued 
that AD, we received reports of a cockpit forward right-hand side blow 
out during flight. This proposed AD would require repetitive detailed 
inspections of the cockpit forward side window for damage and 
discrepancies; replacement if necessary. Replacing both cockpit forward 
side windows with approved windows would terminate the repetitive 
detailed inspections. This proposed AD would also expand the 
applicability of AD 2009-18-18. The actions required by AD 2009-18-18 
are not required by this AD. We are proposing this AD to detect and 
correct air/water leakage of the cockpit forward side window, which 
could lead to rapid cabin decompression, resulting in loss of control 
of the airplane.

DATES: We must receive comments on this proposed AD by January 13, 
2014.

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 PPG 
Aerospace, 12780 San Fernando Road, Sylmar, California 91342; telephone 
818-362-6711; fax 818-362-0603; Internet http://corporateportal.ppg.com/na/aerospace. You may view this 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 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, Washington 98057-3356; telephone (425) 227-
1137; fax (425) 227-1149.

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-2013-0975; 
Directorate Identifier 2013-NM-082-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

    On August 26, 2009, we issued AD 2009-18-18, Amendment 39-16014 (74 
FR 46336, September 9, 2009). That AD required actions intended to 
address an unsafe condition on certain ATR Model ATR42 and ATR72 
airplanes.
    Since we issued AD 2009-18-18, Amendment 39-16014 (74 FR 46336, 
September 9, 2009), we received reports of a cockpit forward right-hand 
side blow out during flight. We also received reports of an air/water 
leak, which is an indication that structural components within the 
window have begun to deteriorate. The European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has issued EASA Airworthiness Directive 2013-0087, 
dated April 9, 2013 (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:

    In 2009, a Left-Hand (LH) forward side glass window of an ATR 
72-212 aeroplane blew out while performing a ground pressure test. 
The investigation results revealed some anomalies on the forward 
side window at the level of the z-bar on the windows external side 
and at the level of the inner retainer on the windows internal side. 
Such anomalies are considered as precursors of this kind of failure. 
Air or water leakages between the z-bar and the outer glass ply, or 
between the inner retainer and inner glass ply indicate the presence 
of deteriorating structural components in the window.
    Neither ATR nor PPG Aerospace have authorized repairs on the 
window z-bar or z-bar sealant. Any attempted repairs on these 
forward side window z-bars and/or z-bar sealants could lead to a 
similar event as described above.
    In-flight loss of a forward side window would cause rapid cabin 
decompression, possibly resulting in flight crew incapacitation and 
consequent reduced control, or loss of control of the aeroplane, and 
cause the risk of injury to persons on the ground. The loss of a 
forward side window while the aeroplane is on the ground, due to

[[Page 70893]]

differential cabin pressure, could result in injury to aeroplane 
occupants or to persons outside the aeroplane.
    To address this potential unsafe condition, EASA issued AD 2009-
0159-E [dated July 20, 2009] [(http://ad.easa.europa.eu/blob/easa_ad_2009_0159E_superseded.pdf/EAD_2009-0159-E_1)] [which 
corresponds to FAA AD 2009-18-18, Amendment 39-116014 (74 FR 46336, 
September 9, 2009)] to require repetitive inspections of the 
affected LH and right-hand (RH) cockpit forward side glass windows 
and, in case discrepancies are found as defined in PPG Aerospace 
Service Bulletin (SB) NP-158862-001, the replacement of the 
window(s).
    Since that [EASA] AD was issued, a cockpit forward RH-side 
window blew out during flight on an ATR72-212 aeroplane. Degradation 
of the window is considered to have been the cause for this failure.
    * * * [T]his [EASA] AD * * * requires to accomplish the 
[detailed] inspections in accordance with the instructions of 
Revision 1 of PPG Aerospace SB NP-158862-001, which provides more 
information on examples of [damaged and] discrepant conditions.
    This [EASA] AD also requires the removal from service of the 
affected Part Number (P/N) NP158862-1 and P/N NP158862-2 cockpit 
forward side windows, which constitutes terminating action for the 
repetitive inspections required by this AD.

    The corrective action is replacing windows, if damage and 
discrepancies are found. Damage and discrepancies to detect during the 
inspection include z-bar existing sealant repair, z-bar deformation, 
separation or gap in the sealant bond between the retainer and inner 
glass ply, z-bar deformation and retainer gap at same location, or z-
bar deformation and retainer gap in window corner.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2013-0975.

Relevant Service Information

    PPG Aerospace has issued Service Bulletin NP-158862-001, Revision 
1, dated January 10, 2013. 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

    Although EASA AD 2013-0087, dated April 9, 2013, specifies to 
replace affected window(s) in accordance with the instructions of 
ATR42/72 Job Instruction Card airplane maintenance manual (AMM) JIC 56-
12-00 RAI 10000, this proposed AD would require replacement of affected 
window(s) using a method approved by the Manager, International Branch, 
ANM-116, Transport Airplane Directorate, FAA; or the EASA (or its 
delegated agent, or the Design Approval Holder with EASA design 
organization approval).
    While paragraph (6) of EASA AD 2013-0087, dated April 9, 2013, 
specifies to replace each PPG Aerospace P/N NP-158862-1 LH and P/N NP-
158862-2 RH cockpit forward side window with another approved cockpit 
forward side window, this proposed AD would require that replacement 
windows and procedures for their installation be approved by the 
Manager, International Branch, ANM-116, Transport Airplane Directorate, 
FAA; or the EASA (or its delegated agent, or the Design Approval Holder 
with EASA design organization approval).

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 43 products of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                               Cost on U.S.
             Action                   Labor cost        Parts cost     Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Detailed Inspection............  1 work-hour x $85                $0  $85 per inspection  $3,655 per inspection
                                  per hour = $85 per                   cycle.              cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    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 
this replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                Action                                 Labor cost                   Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...........................  4 work-hours x $85 per hour = $340......         $18,546         $18,886
----------------------------------------------------------------------------------------------------------------

    Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these costs. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here.

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 AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and

[[Page 70894]]

reviewing the collection of information. Therefore, all reporting 
associated with this 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 proposed 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 removing airworthiness directive (AD) 
2009-18-18, Amendment 39-16014 (74 FR 46336, September 9, 2009), and 
adding the following new AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2013-
0975; Directorate Identifier 2013-NM-082-AD.

(a) Comments Due Date

    We must receive comments by January 13, 2014.

(b) Affected ADs

    This AD supersedes AD 2009-18-18, Amendment 39-16014 (74 FR 
46336, September 9, 2009).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and 
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes; 
certificated in any category; all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Reason

    This AD was prompted by reports of a cockpit forward right-hand 
side blow out during flight. We are issuing this AD to detect and 
correct air/water leakage of the cockpit forward side window, which 
could lead to rapid cabin decompression, resulting in loss of 
control of 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) Inspections

    For airplanes that are equipped with any PPG Aerospace cockpit 
forward side glass window having part number (P/N) NP158862-1 or P/N 
NP158862-2: At the applicable time specified in paragraph (g)(1) or 
(g)(2) of this AD, do a detailed inspection of the cockpit forward 
side window to detect any damage and discrepancies (z-bar existing 
sealant repair, z-bar deformation, separation or gap in the sealant 
bond between the retainer and inner glass ply, z-bar deformation and 
retainer gap at same location, or z-bar deformation and retainer gap 
in window corner), in accordance with the Accomplishment 
Instructions of PPG Aerospace Service Bulletin NP-158862-001 
Revision 1, dated January 10, 2013. Repeat the inspection thereafter 
at intervals not to exceed 550 flight hours or 750 flight cycles, 
whichever occurs first, except as required by paragraph (h) of this 
AD.
    (1) For windows for which the total flight cycles can be 
established, inspect within 2,000 flight cycles since first 
installation of the cockpit forward side window, or within 10 days 
after the effective date of this AD, whichever occurs later.
    (2) For windows for which the total flight cycles cannot be 
established, inspect before the accumulation of 2,000 total flight 
cycles on the airplane, or within 10 days after the effective date 
of this AD, whichever occurs later.

(h) Conditions for Reduced Interval

    If any of the conditions specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD is found during any inspection required by 
paragraph (g) of this AD, reduce the interval of each subsequent 
inspection as required by paragraph (g) of this AD to 50 flight 
cycles or 7 days, whichever occurs later.
    (1) Sealant separation between the Z-bar and the outer glass 
ply, with depth less than 4 millimeter (mm) (0.160 inches (in)).
    (2) Sealant separation between the inboard retainer and inner 
glass ply, with depth less than 7.5 mm (0.300 in) and cumulative 
length less than 300 mm (12.000 in).
    (3) Window showing both sealant separation between the Z-bar and 
the outer ply, and separation between inboard retainer and inner 
glass ply, common to the same hole location with a length less than 
225 mm (8.860 in), and not covering the entire arc of a window 
corner.

(i) Replacement

    If, during any inspection required by this AD, any damage or 
discrepant condition as defined in PPG Aerospace Service Bulletin 
NP-158862-001 Revision 1, dated January 10, 2013 (z-bar existing 
sealant repair, z-bar deformation, separation or gap in the sealant 
bond between the retainer and inner glass ply, z-bar deformation and 
retainer gap at same location, or z-bar deformation and retainer gap 
in window corner) is found, except for the conditions specified in 
paragraph (h)(1), (h)(2), or (h)(3) of this AD, before further 
pressurized flight or within 10 days after the inspection, whichever 
occurs first, replace the affected window(s) using a method approved 
by the Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or 
its delegated agent, or the Design Approval Holder with EASA design 
organization approval). For a replacement method to be approved, the 
repair must specifically refer to this AD.

    Note 1 to paragraph (i) of this AD: Guidance for unpressurized 
flight conditions and limitations can be found in ATR Master Minimum 
Equipment List (MMEL) item 21-30-1 and Dispatch Deviation Guide 
(DDG) item 21-30-1.(4).


    Note 2 to paragraph (i) of this AD: Guidance for the replacement 
required by

[[Page 70895]]

paragraph (i) of this AD can be found in ATR42/72 Job Instruction 
Card airplane maintenance manual (AMM) JIC 56-12-00 RAI 10000.

(j) Reporting Requirement

    Submit a report of the findings of the inspection required by 
paragraph (g) of this AD to ATR techdesk, 1 ALLEE PIERRE NADOT, 
31712 BLAGNAC CEDEX, France, phone: +33 (0)5 62 21 62 21; fax: +33 
(0)5 62 21 67 18; email: [email protected]; and PPG Aerospace, ATTN: 
Andrew Troller, P.O. Box 2200, Huntsville, AL 35811 USA, phone: 1-
256-859-2500 ext. 2544; fax 1-256-859-8155; email: [email protected]; 
at the applicable time specified in paragraph (j)(1) or (j)(2) of 
this AD. The report must include the information specified in PPG 
Aerospace Service Bulletin NP-158862-001, Revision 1, dated January 
10, 2013.
    (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.

(k) Window Replacement Provisions

    Replacing only the affected window, as required by paragraph (i) 
of this AD, with a cockpit forward side window having P/N NP158862-1 
left-hand (LH) or P/N NP158862-2 right-hand (RH), as applicable, is 
not terminating action for the repetitive inspections required by 
this AD.

(l) Terminating Action

    Within 72 months after the effective date of this AD, replace 
each PPG Aerospace P/N NP-158862-1 LH and P/N NP-158862-2 RH cockpit 
forward side window with an approved cockpit forward side window. 
Replacing both PPG Aerospace P/N NP158862-1 LH and P/N NP158862-2 RH 
cockpit forward side windows with approved windows is a terminating 
action for the repetitive inspections required by this AD. 
Replacement windows and procedures for their installation must be 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the EASA (or its delegated agent, by 
the Design Approval Holder with EASA design organization approval).

(m) Parts Installation Prohibition

    As of 72 months after the effective date of this AD, no person 
may install any PPG Aerospace cockpit forward side window having P/N 
NP158862-1 LH or P/N NP158862-2 RH on any airplane.

(n) 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, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149. 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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the Design Approval Holder with a State of 
Design Authority's design organization approval). For a repair 
method to be approved, the repair approval must specifically refer 
to this AD. You are required to ensure 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.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information EASA 
Airworthiness Directive 2013-0087, dated April 9, 2013, 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 PPG 
Aerospace, 12780 San Fernando Road, Sylmar, California 91342; 
telephone 818-362-6711; fax 818-362-0603; Internet http://corporateportal.ppg.com/na/aerospace. You may view 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 November 15, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-28445 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-13-P