[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Rules and Regulations]
[Pages 34031-34034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14809]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0166; Product Identifier 2017-NM-169-AD; Amendment 
39-19331; AD 2018-14-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. This 
AD was prompted by a determination that more restrictive maintenance 
instructions and airworthiness limitations are necessary. This AD 
requires revising the maintenance or inspection program, as applicable, 
to incorporate new or revised maintenance instructions and 
airworthiness limitations. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 23, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 23, 
2018.

ADDRESSES: For service information identified in this final rule, 
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 aircraft.com">continued.airworthiness@atr-aircraft.com. You may view this service information at the FAA, 
Transport Standards 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0166.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0166; 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 regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all ATR-GIE Avions de 
Transport R[eacute]gional Model ATR72 airplanes. The NPRM published in 
the Federal Register on March 22, 2018 (83 FR 12508). The NPRM was 
prompted by a determination that more restrictive maintenance 
instructions and airworthiness limitations are necessary. The NPRM 
proposed to require revising the maintenance or inspection program, as 
applicable, to incorporate new or revised maintenance instructions and 
airworthiness limitations. We are issuing this AD to address fatigue 
cracking, damage, and corrosion in principal structural elements, which 
could result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0223R1, dated December 15, 2017 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all ATR-GIE Avions de Transport 
R[eacute]gional Model ATR72 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance 
requirements (CMR) for ATR aeroplanes, which are approved by EASA, 
are currently defined and published in the ATR72-101/-201/-102/-202/
-211/-212/-212A Time Limits (TL) document. These instructions have 
been identified as mandatory actions for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Consequently, ATR published Revision 15 of the ATR72-101/-201/-
102/-202/-211/-212/-212A TL document, which contains new and/or more 
restrictive CMRs and airworthiness limitation tasks.
    For the reasons described above, this [EASA] AD requires 
accomplishment of the actions specified in the ATR72-101/-201/-102/-
202/-211/-212/-212A TL document Revision 15, hereafter referred to 
as `the TLD' in this [EASA] AD.
    This [EASA] AD, in conjunction with two other [EASA] ADs related 
to ATR42-200/-300/-320 (EASA AD 2017-0221) and ATR42-400/-500 (EASA 
AD 2017-0222) aeroplanes, retains the requirements of EASA AD 2009-
0241 and EASA AD 2012-0193. Once all these three ADs are effective, 
EASA will cancel EASA AD 2009-0242 and EASA AD 2012-0193.
    This [EASA] AD is revised to provide the correct issue date (02 
May 2017) of the TLD. The original [EASA] AD inadvertently 
referenced the EASA approval date for that document.

    This AD requires revising the maintenance or inspection program to 
incorporate certain maintenance instructions and airworthiness 
limitations. The unsafe condition is fatigue cracking, damage, and 
corrosion in principal structural elements, which could result in 
reduced structural integrity of the airplane. You may examine the MCAI 
in the AD docket on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0166.

Comment

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
NPRM and the FAA's response.

Request To Correct Typographical Error

    Empire Airlines asked that airworthiness limitations (AWL) task 
number 572401-1, identified in table 1 to paragraph (h) of this AD, be 
changed to AWL task number 572402-1. Empire Airlines stated that AWL 
task number 572401-1 corresponds to maintenance review board report 
(MRBR) task numbers ZL-500-01-1 and ZL-600-01-1; and the MRBR task 
numbers ZL-520-01-1 and ZL-620-01-1, identified in table 1 to paragraph 
(h) of this AD, correspond with AWL task number 572402-1. Empire 
Airlines provided substantiation data to this effect.
    We agree with the commenter that a typographical error was made in 
the AWL task number 572401-1, identified in table 1 to paragraph (h) of 
this AD. We have corrected this error accordingly.

[[Page 34032]]

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of an airworthiness 
limitations section (ALS) revision into an operator's maintenance or 
inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.
    This AD therefore applies to ATR-GIE Avions de Transport 
R[eacute]gional Model ATR72-101, -102, -201, -202, -211, -212, and -
212A airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness that was issued on or 
before the date of approval of the ALS revision identified in this AD. 
Operators of airplanes with an original certificate of airworthiness or 
original export certificate of airworthiness issued after that date 
must comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional has issued the ATR72 
Time Limits document, Revision 15, dated May 2, 2017. This service 
information describes preventive maintenance requirements and includes 
updated limitations, tasks, thresholds and intervals to be incorporated 
into the maintenance or inspection program. This service information 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

    We estimate that this AD affects 26 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $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.
    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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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) 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,

[[Page 34033]]

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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

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

2018-14-11 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-19331; Docket No. FAA-2018-0166; Product Identifier 2017-NM-169-
AD.

(a) Effective Date

    This AD is effective August 23, 2018.

(b) Affected ADs

    This AD affects AD 2000-23-26, Amendment 39-11999 (65 FR 70775, 
November 28, 2000) (``AD 2000-23-26''); and AD 2008-04-19 R1, 
Amendment 39-16069 (74 FR 56713, November 3, 2009) (``AD 2008-04-19 
R1'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes, 
certificated in any category; with an original certificate of 
airworthiness or original export certificate of airworthiness issued 
on or before May 2, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 05.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance instructions and airworthiness limitations are 
necessary. We are issuing this AD to prevent fatigue cracking, 
damage, and corrosion in principal structural elements, which could 
result in reduced structural integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
limitations and tasks at the applicable thresholds and intervals 
specified in the Airworthiness Limitations Section (ALS), of the 
ATR72 Time Limits document, Revision 15, dated May 2, 2017. The 
initial compliance time for accomplishing the tasks specified in the 
ALS of the ATR72 Time Limits document, Revision 15, dated May 2, 
2017, is at the applicable time specified in the ALS, or within 90 
days after the effective date of this AD, whichever occurs later, 
except for the tasks identified in paragraph (h) of this AD.

(h) Initial Compliance Times for Certain Tasks

    For accomplishing airworthiness limitations (AWL) and 
certification maintenance requirement (CMR)/maintenance significant 
item (MSI) tasks identified in table 1 and table 2 to paragraph (h) 
of this AD, the initial compliance time is at the applicable time 
specified in the ALS of the ATR72 Time Limits document, Revision 15, 
dated May 2, 2017, or at the applicable compliance time in table 1 
or table 2 to paragraph (h) of this AD, whichever occurs later.
[GRAPHIC] [TIFF OMITTED] TR19JY18.004

[GRAPHIC] [TIFF OMITTED] TR19JY18.008

(i) No Alternative Actions, and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), or intervals, may be used unless the actions and/or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (k)(1) of 
this AD.

(j) Terminating Action

    Accomplishing paragraph (g) of this AD terminates all 
requirements of AD 2000-23-26 and AD 2008-04-19 R1.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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

[[Page 34034]]

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 International Branch, send it to the 
attention of the person identified in paragraph (l)(2) of this AD. 
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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0223R1, dated December 15, 2017, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0166.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3220.

(m) 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) ATR72 Time Limits document, Revision 15, dated May 2, 2017.
    (ii) Reserved.
    (3) 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 aircraft.com">continued.airworthiness@atr-aircraft.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on July 3, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-14809 Filed 7-18-18; 8:45 am]
 BILLING CODE 4910-13-P