[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11876-11879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03547]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0102; Product Identifier 2019-NM-184-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2000-17-09, AD 2008-04-19 R1, and AD 2015-26-09; and to terminate all 
requirements of AD 2018-18-05, which applies to ATR--GIE Avions de 
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 
2018-18-05 requires updating the maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance 
requirements and airworthiness limitations and terminates the relevant 
requirements of AD 2000-17-09, AD 2008-04-19 R1, and AD 2015-26-09. 
Since AD 2018-18-05 was issued, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would require revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 13, 
2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

[[Page 11877]]

    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
[email protected]; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material 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 in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0102.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0102; 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 is listed above. 
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; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2020-0102; 
Product Identifier 2019-NM-184-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The FAA issued AD 2018-18-05, Amendment 39-19384 (83 FR 44463, 
August 31, 2018) (``AD 2018-18-05''), which applies to ATR--GIE Avions 
de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes.
    AD 2018-18-05 requires updating the maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
maintenance requirements and airworthiness limitations. The FAA issued 
AD 2018-18-05 to address reduced structural integrity of the airplane.
    AD 2018-18-05 specifies that accomplishing the revision required by 
paragraph (g) of that AD terminates all requirements of AD 2000-17-09, 
Amendment 39-11883 (65 FR 53897, September 6, 2000); AD 2008-04-19 R1, 
Amendment 39-16069 (74 FR 56713, November 3, 2009) (``AD 2008-04-19 
R1''); and AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 
2016) (``AD 2015-26-09''); for ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes only.
    AD 2008-04-19 R1 also applies to ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes and Model ATR72 airplanes. 
The actions required by AD 2018-20-14, Amendment 39-19448 (83 FR 52123, 
October 16, 2018) (``AD 2018-20-14'') terminate all requirements of AD 
2008-14-19 R1 for Model ATR42-500 airplanes. The actions required by AD 
2019-13-04, Amendment 39-19677 (84 FR 35028, July 22, 2019) terminate 
all requirements of AD 2008-04-19 R1 for Model ATR72 airplanes.
    AD 2015-26-09 also applies to ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes. The actions required by AD 
2018-20-14 terminate all requirements of AD 2015-26-09 for Model ATR42-
500 airplanes.
    This AD therefore proposes to supersede AD 2000-17-09, AD 2008-04-
19 R1, and AD 2015-26-09; and to terminate all requirements of AD 2018-
18-05.

Actions Since AD 2018-18-05 Was Issued

    Since AD 2018-18-05 was issued, the FAA has determined that new or 
more restrictive airworthiness limitations are necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0256, dated October 17, 2019 
(``EASA AD 2019-0256'') (also referred to 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 
ATR42-200, -300, and -320 airplanes. EASA AD 2019-0256 supersedes EASA 
AD 2017-0221R1 (which corresponds to FAA AD 2018-18-05).
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Relationship Between Proposed AD and AD 2018-18-05

    This NPRM does not propose to supersede AD 2018-18-05. Rather, we 
have determined that it is more appropriate to address the changes in 
the MCAI by proposing to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Accomplishment of the proposed 
actions would then terminate all of the requirements of AD 2018-18-05.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0256 describes new and more restrictive airworthiness 
limitations for airplane structure and systems.
    This material 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2019-0256 described previously, as incorporated by reference. Any 
differences with EASA AD 2019-0256 are identified as

[[Page 11878]]

exceptions in the regulatory text of this AD.
    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 
(k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0256 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0256 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD.
    Service information specified in EASA AD 2019-0256 that is required 
for compliance with EASA AD 2019-0256 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0102 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's new process, which uses MCAI ADs as the primary source of 
information for compliance with corresponding FAA ADs, has been limited 
to certain MCAI ADs (primarily those with service bulletins as the 
primary source of information for accomplishing the actions required by 
the FAA AD). However, the FAA is now expanding the process to include 
MCAI ADs that specify the incorporation of airworthiness limitation 
documents.
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or critical design configuration control 
limitations (CDCCLs) may be used unless the actions, intervals, and 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in the AMOCs paragraph under 
``Other FAA Provisions.'' This new format includes a ``New Provisions 
for Alternative Actions, Intervals, and CDCCLs'' paragraph that does 
not specifically refer to AMOCs, but operators may still request an 
AMOC to use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD affects 33 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2018-18-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the 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 agency 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 FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions 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.

Regulatory Findings

    The FAA has 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) 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.

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 removing Airworthiness Directive (AD) 
2000-17-09, Amendment 39-11883 (65 FR 53897, September 6, 2000); AD 
2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009); and 
AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016); and 
adding the following new AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2020-
0102; Product Identifier 2019-NM-184-AD.

(a) Comments Due Date

    The FAA must receive comments by April 13, 2020.

(b) Affected ADs

    (1) This AD replaces the ADs identified in paragraphs (b)(1)(i) 
through (iii) of this AD.

[[Page 11879]]

    (i) AD 2000-17-09, Amendment 39-11883 (65 FR 53897, September 6, 
2000).
    (ii) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 
3, 2009).
    (iii) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 
2016).
    (2) This AD affects AD 2018-18-05, Amendment 39-19384 (83 FR 
44463, August 31, 2018) (``AD 2018-18-05'').

(c) Applicability

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

(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 airworthiness limitations are necessary. The FAA is 
issuing this AD to address 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

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0256, dated October 17, 2019 (``EASA AD 2019-0256'').

(h) Exceptions to EASA AD 2019-0256

    (1) The requirements specified in paragraphs (1) and (3) of EASA 
AD 2019-0256 do not apply to this AD.
    (2) Where paragraph (2) of EASA AD 2019-0256 refers to its 
effective date, this AD requires using the effective date of this 
AD.
    (3) Paragraph (4) of EASA AD 2019-0256 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable to incorporate the ``limitations, tasks and associated 
thresholds and intervals'' specified in paragraph (4) of EASA AD 
2019-0256 within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (4) of EASA AD 2019-0256 is at the applicable ``associated 
thresholds'' specified in paragraph (4) of EASA AD 2019-0256, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (5) The provisions specified in paragraphs (5) and (6) of EASA 
AD 2019-0256 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2019-0256 does not apply 
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and CDCCLs are allowed except as specified 
in the provisions of the ``Ref. Publications'' section of EASA AD 
2019-0256.

(j) Terminating Action for AD 2018-18-05

    Accomplishing the maintenance or inspection program revision 
required by paragraph (g) of this AD terminates the requirements of 
AD 2018-18-05.

(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 instructions from a manufacturer, the instructions 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 Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information 
referenced in EASA AD 2019-0256 that contains RC procedures and 
tests: Except as required by paragraph (k)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(l) Related Information

    (1) For information about EASA AD 2019-0256, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material 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. This material may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0102.
    (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; email [email protected].

    Issued on February 18, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03547 Filed 2-27-20; 8:45 am]
 BILLING CODE 4910-13-P