[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12508-12511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05099]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0166; Product Identifier 2017-NM-169-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 more restrictive 
maintenance instructions and airworthiness limitations are necessary. 
This proposed AD would require revising the maintenance or inspection 
program, as applicable, to incorporate new or revised 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 May 7, 2018.

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-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">[email protected]aircraft.com. You 
may view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th Street, 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-
0166; or in person at the Docket Management Facility 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 the Docket Operations 
office (telephone 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 Street, 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-2018-0166; 
Product Identifier 2017-NM-169-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 based on 
those comments.

[[Page 12509]]

    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 
2017-0223R1, dated December 15, 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 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 ATR72-101/-201/-102/-202/
-211/-212/-212A Time Limits (TL) document. These instructions have 
been identified as mandatory actions for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Consequently, ATR published Revision 15 of the ATR72-101/-201/-
102/-202/-211/-212/-212A TL document, which contains new and/or more 
restrictive CMRs and airworthiness limitation tasks.
    For the reasons described above, this [EASA] AD requires 
accomplishment of the actions specified in the ATR72-101/-201/-102/-
202/-211/-212/-212A TL document Revision 15, hereafter referred to 
as `the TLD' in this [EASA] AD.
    This [EASA] AD, in conjunction with two other [EASA] ADs related 
to ATR42-200/-300/-320 (EASA AD 2017-0221) and ATR42-400/-500 (EASA 
AD 2017-0222) aeroplanes, retains the requirements of EASA AD 2009-
0241 and EASA AD 2012-0193. Once all these three ADs are effective, 
EASA will cancel EASA AD 2009-0242 and EASA AD 2012-0193.
    This [EASA] AD is revised to provide the correct issue date (02 
May 2017) of the TLD. The original [EASA] AD inadvertently 
referenced the EASA approval date for that document.

    This NPRM would require revising the maintenance or inspection 
program to incorporate certain maintenance instructions and 
airworthiness limitations. The unsafe condition is fatigue cracking, 
damage, and corrosion 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-2018-0166.

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional has issued the ATR72 
Time Limits document, Revision 15, dated May 2, 2017. The 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 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 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 pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    This AD requires 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. 
The request should include a description of changes to the required 
actions that will ensure the continued damage tolerance of the affected 
structure.
    Similar to the MCAI, this proposed AD would not supersede AD 2000-
23-26, Amendment 39-11999 (65 FR 70775, November 28, 2000) (``AD 2000-
23-26''), or AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, 
November 3, 2009) (``AD 2008-04-19 R1''). Rather, we have determined 
that a stand-alone AD would be more appropriate to address the changes 
in the MCAI. This proposed AD would require revising the maintenance or 
inspection program, as applicable, to incorporate maintenance 
requirements and/or airworthiness limitations that are new or more 
restrictive than those required by AD 2000-23-26 and AD 2008-04-19 R1. 
Accomplishment of the proposed actions would then terminate all the 
requirements of AD 2000-23-26 and AD 2008-04-19 R1.

Costs of Compliance

    We estimate that this proposed AD affects 26 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                  Labor cost \1\            Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program  90 work-hours x $85   None...................          $7,650        $198,900
 revision.                          per hour = $7,650.
----------------------------------------------------------------------------------------------------------------
\1\ In the past, we have used 1 work-hour for revisions of the maintenance or inspection program. We have
  determined that incorporating the entire airworthiness limitation document specified in this proposed AD would
  take significantly longer than 1 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.

[[Page 12510]]

    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 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-
0166; Product Identifier 2017-NM-169-AD.

(a) Comments Due Date

    We must receive comments by May 7, 2018.

(b) Affected ADs

    This AD affects AD 2000-23-26, Amendment 39-11999 (65 FR 70775) 
(``AD 2000-23-26''), and AD 2008-04-19 R1, Amendment 39-16069 (74 FR 
56713) (``AD 2008-04-19 R1'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR72-101, -201, -102, -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 September 29, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 05.

(e) Reason

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

    Within 3 months after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
limitations and tasks at the applicable thresholds and intervals 
specified in the Airworthiness Limitations Section (ALS), of the 
ATR72 Time Limits document, Revision 15, dated May 2, 2017. The 
initial compliance time for accomplishing the tasks specified in the 
ALS of the ATR72 Time Limits document, Revision 15, dated May 2, 
2017, is at the applicable time specified in the ALS, or within 3 
months after the effective date of this AD, whichever occurs later, 
except for the tasks identified in paragraph (h) of this AD.

(h) Initial Compliance Times for Certain Tasks

    For accomplishing certification maintenance requirement (CMR) 
tasks identified in table 1 and table 2 to paragraph (h) of this AD, 
the initial compliance time is at the applicable time specified in 
the ALS of the ATR72 Time Limits document, Revision 15, dated May 2, 
2017, or at the applicable compliance time in table 1 or table 2 to 
paragraph (h) of this AD, whichever occurs later.
[GRAPHIC] [TIFF OMITTED] TP22MR18.000


[[Page 12511]]


[GRAPHIC] [TIFF OMITTED] TP22MR18.001

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

(j) Terminating Action

    Accomplishing paragraph (g) of this AD terminates all 
requirements of AD 2000-23-26 and AD 2008-04-19 R1.

(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 manager of the International Branch, 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 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 EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2017-0223R1, dated December 15, 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-2018-0166.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th Street, 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">[email protected]aircraft.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th Street, Des Moines, WA. 
For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on March 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-05099 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-13-P


