[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Rules and Regulations]
[Pages 35028-35031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15447]
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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; Amendment
39-19677; AD 2019-13-04]
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: The FAA is adopting a new airworthiness directive (AD) for
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72
airplanes. This AD was prompted by a determination that new or more
restrictive maintenance instructions and airworthiness limitations are
necessary. This AD requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance instructions and airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective August 26, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 26,
2019.
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-2018-1069.
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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations 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
The FAA 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 February 14, 2019 (84 FR 4012). The NPRM was
prompted by a determination that new or more restrictive maintenance
instructions and airworthiness limitations are necessary. The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
maintenance instructions and airworthiness limitations.
The FAA is issuing this AD to address fatigue cracking and damage
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
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) (``AD 2018-14-
11'')] was issued, ATR published Revision 16 of the TLD for ATR 72
aeroplanes, introducing new and/or more
[[Page 35029]]
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 AD requires 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.
Comments
The FAA 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 Clarify the Proposed Terminating Action
Empire Airlines requested clarification of the terminating action
specified in the proposed AD. Empire Airlines pointed out that
paragraph (k) of the proposed AD stated that accomplishing the actions
required by the proposed AD would terminate all requirements of AD
2018-14-11. Empire Airlines explained that paragraph (j) of AD 2018-14-
11 states that, accomplishing the actions required by paragraph (g) of
that AD terminates all requirements of AD 2000-23-26, Amendment 39-
11999 (65 FR 70775, November 28, 2000); and AD 2008-04-19 R1, Amendment
39-16069 (74 FR 56713, November 3, 2009). Therefore, Empire Airlines
asked if the terminating action specified in paragraph (j) of AD 2018-
14-11 is still applicable in the proposed AD.
The FAA agrees to provide clarification for the commenter.
Paragraph (k) of the proposed AD stated that accomplishing the proposed
actions would terminate all requirements of AD 2018-14-11, including
paragraph (j) of AD 2018-14-11, which terminates all requirements of AD
2000-23-26 and AD 2008-04-19 R1. However, the FAA's intent is that
paragraph (k) of the proposed AD terminates all requirements of AD
2000-23-26 and AD 2008-04-19 R1, along with AD 2018-14-11. Therefore,
the agency has revised paragraph (k) of this AD to specify that the
actions required by this AD also terminate the requirements of AD 2000-
23-26 and AD 2008-04-19 R1.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has 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.
The FAA has 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 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 existing 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
The FAA estimates that this AD affects 23 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:
The FAA determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the FAA has estimated that this action takes
1 work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the agency has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates 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.
The FAA is 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) Will not affect intrastate aviation in Alaska, and
(3) 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 35030]]
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):
2019-13-04 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-19677; Docket No. FAA-2018-1069; Product Identifier 2018-NM-128-
AD.
(a) Effective Date
This AD is effective August 26, 2019.
(b) Affected ADs
This AD affects AD 2018-14-11, Amendment 39-19331 (83 FR 34031,
July 19, 2018) (``AD 2018-14-11''); 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 airworthiness
certificate 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. The FAA is 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 figure 1 to paragraph (h) of this AD,
the initial compliance time is at the applicable time specified in
the airworthiness limitations section (ALS) of the ATR ATR72 Time
Limits Document, Revision 16, dated January 30, 2018, or at the
applicable compliance time in figure 1 to paragraph (h) of this AD,
whichever occurs later.
[GRAPHIC] [TIFF OMITTED] TR22JY19.002
(i) Initial Compliance Time: One-Time Initial Threshold
For CMR task 220000-5, a one-time initial threshold, as
specified in ATR ATR72 Time Limits Document, Revision 16, dated
January 30, 2018, is allowed as specified in figure 2 to paragraph
(i) of this AD.
[GRAPHIC] [TIFF OMITTED] TR22JY19.003
(j) No Alternative Actions and Intervals
After the existing 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, AD 2000-23-26, and AD 2008-
04-19 R1
Accomplishing the actions required by this AD terminates all
requirements of AD 2018-14-11, AD 2000-23-26, and AD 2008-04-19 R1.
[[Page 35031]]
(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.
(n) 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 ATR72 Time Limits Document, Revision 16, dated January
30, 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.
(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 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-15447 Filed 7-19-19; 8:45 am]
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