[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52123-52126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22140]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-AD; Amendment 
39-19448; AD 2018-20-14]
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 certain 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes. 
This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are necessary. 
This AD requires revising the maintenance or inspection program, as 
applicable, to incorporate new and/or more restrictive maintenance 
requirements and airworthiness limitations. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective November 20, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 20, 
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; internet http://www.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-2018-0366.

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-
0366; 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 Docket Operations, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

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 ATR42-500 airplanes. The NPRM published 
in the Federal Register on May 8, 2018 (83 FR 20748). The NPRM was 
prompted by a determination that more restrictive maintenance 
requirements and airworthiness limitations are necessary. The NPRM 
proposed to require revising the maintenance or inspection program, as 
applicable, to incorporate new and/or more restrictive maintenance 
requirements and airworthiness limitations.
    We are issuing this AD to address 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 
Airworthiness Directive 2017-0222R1, dated December 15, 2017 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-500 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 ATR42-400/-500 Time 
Limits (TL) document. These instructions have been identified as 
mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition [i.e., reduced structural integrity of the 
airplane].
    Consequently, ATR published Revision 11 Temporary revision 01 of 
the ATR42-400/ -500 TL document, which contains new and/or more 
restrictive CMRs and airworthiness limitations tasks.
    For the reasons described above, this [EASA] AD requires 
accomplishment of the actions specified in the ATR42-400/-500 TL 
document Revision 11 Temporary revision

[[Page 52124]]

01, 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 ATR72-101/-102/-201/
-202/-211/-212/ -212A (EASA AD 2017-0223) aeroplanes, retains the 
requirements of EASA AD 2009-0242 [which corresponds to FAA AD 2008-
04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009)] and 
EASA AD 2012-0193 [which corresponds to FAA AD 2015-26-09, Amendment 
39-18357 (81 FR 1483, January 13, 2016)]. Once all these three 
[EASA] 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 (03 
May 2017) of the TLD. The original [EASA] AD inadvertently 
referenced the EASA approval date for that document.

    The required actions include revising the maintenance or inspection 
program, as applicable, to incorporate new and/or more restrictive 
maintenance requirements and airworthiness limitations. The unsafe 
condition is 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-
0366.

Comments

    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 to that comment.

Request To Refer to Revised Service Information

    Empire Airlines requested that paragraphs (g) and (h) of the 
proposed AD be revised to refer to ATR ATR42-400/-500 Time Limits 
Temporary Revision TR02/17, dated October 2, 2017 (``TR02/17'') instead 
of ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, dated May 
3, 2017 (``TR01/17''). The commenter stated that TR02/17 includes the 
information in TR01/17.
    We do not agree with the commenter's request; however, we do 
acknowledge that TR02/17 has been issued. The intent of TR02/17 is to 
incorporate changes due to ATR42 Modification 7474, which relates to 
upgraded avionics and is not related to the requirements of this AD. 
The intent of TR01/17 is to incorporate missing certification 
maintenance requirements related to the air distribution system and 
cabin pressure and control monitoring. We have not changed this AD in 
regard to this issue.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule as proposed, except for 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.

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional has issued ATR42-400/-
500, Time Limits Document (TL), Revision 11, dated May 5, 2015. This 
service information describes life limits and maintenance requirements 
for the affected airplanes.
    ATR-GIE Avions de Transport R[eacute]gional has also issued ATR42-
400/ -500 Time Limits Temporary Revision TR01/17, dated May 3, 2017, to 
the ATR ATR42-400/-500 Time Limits Document (TL). This service 
information describes changes to life limits and maintenance 
requirements of certain tasks for the affected airplanes.
    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 4 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 this 
figure 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, 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:

[[Page 52125]]

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):

2018-20-14 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-19448; Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-
AD.

(a) Effective Date

    This AD is effective November 20, 2018.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD.
    (1) AD 2000-23-04 R1, Amendment 39-12174 (66 FR 19381, April 16, 
2001) (``AD 2000-23-04 R1'').
    (2) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 
3, 2009) (``AD 2008-04-19 R1'').
    (3) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 
2016) (``AD 2015-26-09'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness dated on or before May 3, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are 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) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in ATR ATR42-400/ -500, Time Limits Document 
(TL), Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time 
Limits Temporary Revision TR01/17, dated May 3, 2017. The initial 
compliance time for accomplishing the tasks is at the applicable 
times specified in ATR ATR42-400/-500, Time Limits Document (TL), 
Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time Limits 
Temporary Revision TR01/17, dated May 3, 2017; or within 90 days 
after the effective date of this AD; whichever occurs later, except 
for those certification maintenance requirements (CMRs) tasks 
identified in figure 1 to paragraphs (g) and (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TR16OC18.002

(h) Initial Compliance Times for Certain CMR Tasks

    For the CMR tasks listed in figure 1 to paragraphs (g) and (h) 
of this AD, the initial compliance time for accomplishing the tasks 
is at the applicable time specified in ATR ATR42-400/-500 Time 
Limits Temporary Revision TR01/17, dated May 3, 2017; or within the 
compliance time specified in figure 1 to paragraphs (g) and (h) of 
this AD; whichever occurs later.

(i) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and/or CDCCLs may be used 
unless the actions, intervals, and/or CDCCLs 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 for Certain ADs

    Accomplishing the actions required by paragraph (g) of this AD 
terminates all requirements of AD 2000-23-04 R1 and all requirements 
of the ADs specified in paragraphs (j)(1) and (j)(2) of this AD for 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 
airplanes only.
    (1) AD 2008-04-19 R1.
    (2) AD 2015-26-09.

(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 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, 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 ATR-GIE Avions de Transport 
R[eacute]gional's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0222R1, 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-2018-0366.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport

[[Page 52126]]

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) ATR ATR42-400/-500, Time Limits Document (TL), Revision 11, 
dated May 5, 2015.
    (ii) ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, 
dated May 3, 2017.
    (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 continued.airworthiness@atr 
aircraft.com; internet http://www.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 September 25, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22140 Filed 10-15-18; 8:45 am]
 BILLING CODE 4910-13-P