[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52143-52146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0494; Product Identifier 2017-NM-182-AD; Amendment 
39-19467; AD 2018-21-09]
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 superseding Airworthiness Directive (AD) 2006-07-26, 
which applied to all ATR-GIE Avions de Transport R[eacute]gional Model 
ATR42 airplanes. AD 2006-07-26 required a one-time inspection to detect 
discrepancies (e.g., cracking, loose/sheared fasteners, distortion) on 
the left-hand and right-hand wings, of the outer wing box upper skin 
and upper rib feet, and repair if necessary. Since we issued AD 2006-
07-26, after initial findings had suggested the cracking was isolated 
to a few airplanes, we received reports of cracking in these same areas 
on other Model ATR42 airplanes. This AD requires repetitive inspections 
to detect discrepancies on the left-hand and right-hand wings, of the 
outer wing box upper

[[Page 52144]]

skin and upper rib feet, and repair if necessary. 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 a certain publication 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 
referenced 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-2018-0494.

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-
0494; 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 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 to supersede AD 2006-07-26, Amendment 39-14553 (71 FR 18205, 
April 11, 2006) (``AD 2006-07-26''). AD 2006-07-26 applied to all ATR-
GIE Avions de Transport R[eacute]gional Model ATR42 airplanes. The NPRM 
published in the Federal Register on June 1, 2018 (83 FR 25419).
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2017-0244, dated December 7, 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 ATR42 airplanes. The MCAI states:

    Occurrence was reported of detecting cracks on the wing of one 
in-service ATR 42 aeroplane in 2004. The cracks were found on the 
upper feet of ribs and on the upper skin of the wing outer boxes.
    This condition, if not detected and corrected, could adversely 
affect the structural integrity of the aeroplane.
    To address this potential unsafe condition, ATR issued Service 
Bulletin (SB) ATR42-57-0064 to provide inspection instructions and 
DGAC [Direction G[eacute]n[eacute]rale de l'Aviation Civile] France 
issued [French] AD F-2004-191 (EASA approval 2004-12117) [which 
corresponds to FAA AD 2006-07-26] to require, for aeroplanes having 
accumulated more than 4,000 flight cycles (FC), a one-time Detailed 
Visual Inspection (DVI) of outer wing box upper skin and upper rib 
feet, on the right hand (RH) and left hand (LH) sides, from rib 24 
to rib 29. After that [French] AD was issued, based on inspection 
results (all aeroplanes inspected, no similar case found), it was 
determined that these cracks were an isolated case.
    More recently, three other cases were reported, indicating that 
this may not be an isolated case and that cracks could occur in this 
area of the wings on other ATR 42 aeroplanes. Consequently, ATR 
published SB ATR42-57-0074 (hereafter referred as `ATR SB' in this 
[EASA] AD) to provide inspection instructions.
    For the reasons described above, this [EASA] AD supersedes DGAC 
France AD F-2004-191 and requires repetitive DVI of the same wing 
areas and, depending on findings, accomplishment of a repair.

    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-
0494.

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.

Request To Refer to Latest Service Information

    Empire Airlines stated that paragraphs (g) and (i) of the proposed 
AD refer to ATR Service Bulletin ATR42-57-0074, dated October 19, 2017. 
Empire Airlines also stated that service bulletin has been revised.
    We infer that Empire Airlines requested that the references in 
paragraphs (g) and (i) of this AD be revised to refer to ATR Service 
Bulletin ATR42-57-0074, Revision 01, dated January 8, 2018. We agree to 
refer to the latest revision of the service information since the 
changes introduced in this revision do not affect the AD requirements. 
We have revised paragraphs (g) and (i) of this AD accordingly. We have 
also added paragraph (k) to this AD to provide credit for accomplishing 
ATR Service Bulletin ATR42-57-0074, dated October 19, 2017.

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 ATR Service 
Bulletin ATR42-57-0074, Revision 01, dated January 8, 2018. This 
service information describes procedures for inspecting the outer wing 
box upper skin and upper rib feet, on the left-hand and right-hand 
wings, for discrepancies. 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 37 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 52145]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
          Action                   Labor cost           Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection...............  6 work-hours x $85 per                 $0  $510 per inspection   $18,870 per
                            hour = $510 per                            cycle.                inspection cycle.
                            inspection cycle.
Reporting................  1 work-hour x $85 per                   0  $85 per inspection    $3,145 per
                            hour = $85 per                             cycle.                inspection cycle.
                            inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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 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 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

    We determined that 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:

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) 
2006-07-26, Amendment 39-14553 (71 FR 18205, April 11, 2006), and 
adding the following new AD:

2018-21-09 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-19467; Docket No. FAA-2018-0494; Product Identifier 2017-NM-182-
AD.

(a) Effective Date

    This AD is effective November 20, 2018.

(b) Affected ADs

    This AD replaces AD 2006-07-26, Amendment 39-14553 (71 FR 18205, 
April 11, 2006) (``AD 2006-07-26'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-200, -300, -320, and -500 airplanes, certificated in any 
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of cracking on the left-hand and 
right-hand wings, of the outer wing box upper skin and upper rib 
feet. We are issuing this AD to address discrepancies (e.g., 
cracking, loose/sheared fasteners, distortion) on the left-hand and 
right-hand wings, of the outer wing box upper skin and upper rib 
feet, 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) Repetitive Inspections

    Within the initial compliance time specified in table 1 to 
paragraph (g) of this AD, and thereafter at intervals not to exceed 
48 months or 6,000 flight cycles, whichever occurs first: Do a 
detailed visual inspection for discrepancies on the left-hand and 
right-hand wings, of the outer wing box upper skin and upper rib 
feet, between rib 24 and rib 29. Do the inspection in accordance 
with the Accomplishment Instructions of ATR Service Bulletin ATR42-
57-0074, Revision 01, dated January 8, 2018.

[[Page 52146]]

[GRAPHIC] [TIFF OMITTED] TR16OC18.001

(h) Corrective Actions

    If any discrepancy is found during any inspection required by 
paragraph (g) of this AD: Before further flight, repair 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. Do the repair within the 
compliance time specified in the approved repair method.

(i) Reporting

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD: Report all findings (both positive and negative) of the 
inspections required by paragraph (g) of this AD to ATR-GIE Avions 
de Transport R[eacute]gional, using the information in ATR Service 
Bulletin ATR42-57-0074, Revision 01, dated January 8, 2018.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after performing 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.

(j) Repair Is Not Terminating Action

    Unless the repair instructions specify otherwise, repair of an 
airplane as required by paragraph (h) of this AD is not considered 
terminating action for the repetitive detailed visual inspections 
required by paragraph (g) of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (i) of this AD, if those actions were performed 
before the effective date of this AD using ATR Service Bulletin 
ATR42-57-0074, dated October 19, 2017.

(l) Paperwork Reduction Act Burden Statement

    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 1 hour 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.

(m) Other FAA AD Provisions

    (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 (n)(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: As of the effective date of 
this AD, 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 EASA; or ATR-GIE Avions de Transport 
R[eacute]gional's EASA DOA. If approved by the DOA, the approval 
must include the DOA-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0244, dated December 7, 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-2018-0494.
    (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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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 Service Bulletin ATR42-57-0074, Revision 01, dated 
January 8, 2018.
    (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; 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 October 2, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22153 Filed 10-15-18; 8:45 am]
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