[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]
 BILLING CODE 4910-13-P