[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21191-21194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09746]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0391; Product Identifier 2017-NM-165-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 
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -
300, and -320 airplanes. This proposed AD was prompted by a 
determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary. This proposed AD would require 
updating the maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements 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 June 25, 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; http://
www.atr-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-
0391; 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-2018-0391; 
Product Identifier 2017-NM-165-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.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We

[[Page 21192]]

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 
Airworthiness Directive 2017-0221R1, 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 ATR42-200, -300, and -320 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 ATR42-200/-300/-320 Time 
Limits (TL) document. These instructions have been identified as 
mandatory for continued airworthiness.
    Failure to accomplish these instructions could result in an 
unsafe condition.
    Consequently, ATR published Revision 8 of the ATR42-200/-300/-
320 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 ATR42-200/-300/-320 
TL document Revision 8, hereafter referred to as `the TLD' in this 
[EASA] AD.
    This [EASA] AD, in conjunction with two other [EASA] ADs related 
to ATR 42-400/-500 (EASA AD 2017-0222) and ATR 72-101/-102/-201/-
202/-211/-212/-212A (EASA AD 2017-0223) aeroplanes, retains the 
requirements of EASA AD 2009-0242 [which corresponds to FAA AD 2008-
04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009) (``AD 
2008-04-19 R1'')] and EASA AD 2012-1093 [which corresponds to FAA AD 
2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016) (``AD 
2015-26-09'')]. EASA plans, when all these three ADs are effective, 
to cancel EASA AD 2009-0242 and EASA AD 2012-0193.
    This [EASA] AD is revised to provide the correct issue date (17 
October 2016) of the TLD. The original [EASA] AD inadvertently 
referenced the EASA approval date for that document.

    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-
0391.

Relationship Between Proposed AD and Certain Other ADs

    This NPRM would not supersede AD 2008-04-19 R1 or AD 2015-26-09. 
Rather, we have determined that a stand-alone AD would be more 
appropriate to address the changes in the MCAI. This NPRM would require 
revising the maintenance or inspection program, as applicable, to 
incorporate new or more restrictive maintenance requirements and 
airworthiness limitations. Accomplishment of the proposed actions would 
then terminate all requirements of AD 2008-04-19 R1 and AD 2015-26-09 
for ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, 
and -320 airplanes only. Accomplishment of the proposed actions would 
also terminate all requirements of AD 2000-17-09, Amendment 39-11883 
(65 FR 53897, September 6, 2000) (``AD 2000-17-09'') for ATR-GIE Avions 
de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes 
only.

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional has issued ATR 42-200/-
300/-320, Time Limits Document (TL), Revision 8, dated October 17, 
2016. This service information describes life limits and maintenance 
requirements for the affected airplanes. 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 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. The request should include a description of 
changes to the required actions that will ensure the continued 
operational safety of the airplane.

Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the 
applicability of ADs that require incorporation of revised 
airworthiness limitations (ALS) into an operator's maintenance or 
inspection program.
    Typically, when these types of ADs are issued by civil aviation 
authorities of other countries, they apply to all airplanes covered 
under an identified type certificate (TC). The corresponding FAA AD 
typically retains applicability to all of those airplanes.
    In addition, U.S. operators must operate their airplanes in an 
airworthy condition, in accordance with 14 CFR 91.7(a). Included in 
this obligation is the requirement to perform any maintenance or 
inspections specified in the ALS, and in accordance with the ALS as 
specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been 
approved by the FAA.
    When a type certificate is issued for a type design, the specific 
ALS, including revisions, is a part of that type design, as specified 
in 14 CFR 21.31(c).
    The sum effect of these operational and maintenance requirements is 
an obligation to comply with the ALS defined in the type design 
referenced in the manufacturer's conformity statement. This obligation 
may introduce a conflict with an AD that requires a specific ALS 
revision if new airplanes are delivered with a later revision as part 
of their type design.
    To address this conflict, the FAA has approved alternative methods 
of compliance (AMOCs) that allow operators to incorporate the most 
recent ALS revision into their maintenance/inspection programs, in lieu 
of the ALS revision required by the AD. This eliminates the conflict 
and enables the operator to comply with both the AD and the type 
design.
    However, compliance with AMOCs is normally optional, and we 
recently became aware that some operators choose to retain the AD-
mandated ALS revision in their fleet-wide maintenance/inspection 
programs, including those for new airplanes delivered with later ALS 
revisions, to help standardize the maintenance of the fleet. To ensure 
that operators comply with the applicable ALS revision for newly 
delivered airplanes containing a later revision than that specified in 
an AD, we plan to limit the applicability of ADs that mandate ALS 
revisions to those airplanes that are subject to an earlier revision of 
the ALS, either as part of the type design or as mandated by an earlier 
AD.

[[Page 21193]]

    This proposed AD therefore would apply to ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes 
with an original certificate of airworthiness or original export 
certificate of airworthiness that was issued on or before the date of 
approval of the ALS revision identified in this proposed AD. Operators 
of airplanes with an original certificate of airworthiness or original 
export certificate of airworthiness issued after that date must comply 
with the airworthiness limitations specified as part of the approved 
type design and referenced on the type certificate data sheet.

Costs of Compliance

    We estimate that this proposed AD affects 33 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD.
    We have determined that revising the 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 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-
0391; Product Identifier 2017-NM-165-AD.

(a) Comments Due Date

    We must receive comments by June 25, 2018.

(b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD.
    (1) AD 2000-17-09, Amendment 39-11883 (65 FR 53897, September 6, 
2000) (``AD 2000-17-09'').
    (2) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 
3, 2009) (``AD 2008-04-19 R1'').
    (3) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 
2016) (``AD 2015-26-09'').

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-200, -300, and -320 airplanes, certificated in any 
category, with an original airworthiness certificate or original 
export certificate of airworthiness dated on or before October 17, 
2016.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to prevent 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 
maintenance or inspection program, as applicable, to incorporate the 
information specified in the airworthiness limitations (ALS) and 
certification maintenance requirements (CMR) sections of ATR-GIE 
Avions de Transport R[eacute]gional ATR 42-200/-300/-320, Time 
Limits Document (TL), Revision 8, dated October 17, 2016. The 
initial compliance time for accomplishing the tasks is at the 
applicable times specified in the ALS and CMR sections of ATR-GIE 
Avions de Transport R[eacute]gional ATR 42-200/-300/-320, TL, 
Revision 8, dated October 17, 2016, or within 90 days after the 
effective date of this AD, whichever occurs later, except as 
specified in paragraph (h) of this AD.

(h) Initial Compliance Times for Certain CMR Tasks

    For the CMR tasks listed in figure 1 to paragraph (h) of this 
AD, the initial compliance time for accomplishing the tasks is at 
the applicable time specified in the ALS and CMR sections of ATR-GIE 
Avions de Transport R[eacute]gional ATR 42-200/-300/-320, TL, 
Revision 8, dated October 17, 2016, or within the compliance time 
specified in figure 1 to paragraph (h) of this AD, whichever occurs 
later.

[[Page 21194]]

[GRAPHIC] [TIFF OMITTED] TP09MY18.018

(i) No Alternative Actions and Intervals

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraphs (g) and (h) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions 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 for Certain ADs

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2000-17-09, AD 2008-04-19 R1, and AD 2015-26-09 
for ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -
300, and -320 airplanes only.

(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 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0221R1, 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-2018-0391.
    (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 
980198; 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; http://www.atr-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 April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-09746 Filed 5-8-18; 8:45 am]
BILLING CODE 4910-13-P


