[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Proposed Rules]
[Pages 4012-4015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02158]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1069; Product Identifier 2018-NM-128-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 all 
ATR--GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. 
This proposed AD was prompted by a determination that new or more 
restrictive maintenance instructions and airworthiness limitations are 
necessary. This proposed AD would require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive maintenance instructions and airworthiness 
limitations. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by April 1, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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-

[[Page 4013]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

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-
1069; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-1069; 
Product Identifier 2018-NM-128-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0184, dated August 28, 2018 (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 TLD [time limits 
document]. These instructions have been identified as mandatory for 
continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Previously, EASA issued AD 2017-0223 (later revised) to require 
accomplishment of the actions specified in the TLD at Revision 15.
    Since EASA AD 2017-0223R1 [which corresponds to FAA AD 2018-14-
11, Amendment 39-19331 (83 FR 34031, July 19, 2018)] was issued, ATR 
published Revision 16 of the TLD for ATR 72 aeroplanes, introducing 
new and/or more restrictive airworthiness limitations and/or 
maintenance actions.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2017-0223R1, which is superseded, and 
requires accomplishment of the actions specified in the TLD.

    This proposed AD would require revising the existing maintenance or 
inspection program to incorporate certain maintenance instructions and 
airworthiness limitations. The unsafe condition is fatigue cracking and 
damage 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-2018-1069.

Relationship Between Proposed AD and AD 2018-14-11

    This NPRM does not propose to supersede AD 2018-14-11. Rather, we 
have determined that a stand-alone AD is more appropriate to address 
the changes in the MCAI. This proposed AD would require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance instructions and 
airworthiness limitations. Accomplishment of the proposed actions would 
then terminate all of the requirements of AD 2018-14-11.

Related Service Information Under 1 CFR Part 51

    ATR--GIE Avions de Transport R[eacute]gional has issued ATR ATR72 
Time Limits Document, Revision 16, dated January 30, 2018. 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.

FAA's Determination

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or revised 
maintenance instructions and airworthiness limitations.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(l)(1) of this proposed AD.

Difference Between This Proposed AD and the MCAI

    The MCAI specifies that if there are findings from the 
airworthiness limitations section (ALS) inspection tasks, corrective 
actions must be accomplished in accordance with Avions de Transport 
R[eacute]gional maintenance documentation. However, this proposed AD 
does not include that requirement. Operators of U.S.-registered 
airplanes are required by

[[Page 4014]]

general airworthiness and operational regulations to perform 
maintenance using methods that are acceptable to the FAA. We consider 
those methods to be adequate to address any corrective actions 
necessitated by the findings of ALS inspections required by this 
proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 23 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:
    We have determined that revising the existing 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 proposed 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 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.

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 airworthiness 
directive (AD):

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2018-
1069; Product Identifier 2018-NM-128-AD.

(a) Comments Due Date

    We must receive comments by April 1, 2019.

(b) Affected ADs

    This AD affects AD 2018-14-11, Amendment 39-19331 (83 FR 34031, 
July 19, 2018) (``AD 2018-14-11'').

(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 January 30, 2018.

 (d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive maintenance instructions and airworthiness limitations 
are necessary. We are issuing this AD to prevent fatigue cracking 
and damage 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) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in ATR ATR72 Time Limits 
Document, Revision 16, dated January 30, 2018. The initial 
compliance time for doing the tasks is at the time specified in ATR 
ATR72 Time Limits Document, Revision 16, dated January 30, 2018, or 
within 90 days after the effective date of this AD, whichever occurs 
later, except as provided by paragraphs (h) and (i) 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 to paragraph (h) of this AD, 
the initial compliance time is at the applicable time specified in 
the ALS of the ATR ATR72 Time Limits Document, Revision 16, dated 
January 30, 2018, or at the applicable compliance time in table 1 to 
paragraph (h) of this AD, whichever occurs latest.

[[Page 4015]]

[GRAPHIC] [TIFF OMITTED] TP14FE19.000

(i) Initial Compliance Time: One-time Threshold

    For CMR task 220000-5, a one-time threshold, as specified in ATR 
ATR72 Time Limits Document, Revision 16, dated January 30, 2018, is 
allowed as specified in table 2 to paragraph (i) of this AD.
[GRAPHIC] [TIFF OMITTED] TP14FE19.001

(j) 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) and intervals may be used unless the actions and 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (l)(1) of 
this AD.

(k) Terminating Action for AD 2018-14-11

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2018-14-11.

(l) 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 (m)(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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0184, dated August 28, 2018, 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-2018-1069.
    (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) 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. 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.


    Issued in Des Moines, Washington, on January 10, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-02158 Filed 2-13-19; 8:45 am]
BILLING CODE 4910-13-P