[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58315-58318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23712]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0716; Product Identifier 2019-NM-168-AD; Amendment 
39-19764; AD 2019-20-11]
RIN 2120-AA64


Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. This 
AD was prompted by reports of incorrectly installed main landing gear 
(MLG) bushings. This AD requires a one-time general visual inspection 
of the bushing installation on the left-hand and right-hand MLG, and 
replacement of incorrectly installed bushings, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective November 15, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in this AD as of November 
15, 2019.
    The FAA must receive comments on this AD by December 16, 2019.

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: 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.
    For the material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 89990 1000; email ADs@easa.europa.eu;

[[Page 58316]]

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 http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0716.

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-2019-
0716; 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 AD, 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.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0236, dated September 23, 2019 
(``EASA AD 2019-0236'') (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 
ATR72 airplanes.
    This AD was prompted by reports of incorrectly installed MLG 
bushings. The FAA is issuing this AD to address MLG bushings installed 
in the inverted position, which could lead to MLG structural failure 
and subsequent collapse of the MLG, possibly resulting in damage to the 
airplane and injury to occupants. See the MCAI for additional 
background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0236 describes procedures for a one-time general 
visual inspection of the bushing installation on the left-hand and 
right-hand MLG, and replacement of incorrectly installed bushings. 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

    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 issuing this AD because the agency 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2019-0236 described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD. This AD also requires sending the inspection results to ATR.

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 2019-0236 
will be incorporated by reference in the FAA final rule. This AD, 
therefore, requires compliance with EASA AD 2019-0236 in its entirety, 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this 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 2019-0236 that is 
required for compliance with EASA AD 2019-0236 will be available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0716 after the FAA final rule is published.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because MLG bushings installed in the inverted position could lead to 
MLG structural failure and subsequent collapse of the MLG, possibly 
resulting in damage to the airplane and injury to occupants. Therefore, 
the FAA finds good cause that notice and opportunity for prior public 
comment are impracticable. In addition, for the reasons stated above, 
the FAA finds that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0716; 
Product Identifier 2019-NM-168-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Interim Action

    The FAA considers this AD interim action. The manufacturer is 
currently developing a modification to address the unsafe condition 
identified in this AD. Once this modification is developed, approved, 
and available, the FAA might consider additional rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice

[[Page 58317]]

and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 19 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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                                                                                    Cost per      Cost on  U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85           $1,615
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* Table does not include estimated costs for reporting the inspection results.

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$1,615, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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27 work-hours x $85 per hour = $2,295.         $14,982          $17,277
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the 
Information Collection Clearance Officer, FAA, 10101 Hillwood Parkway, 
Fort Worth, TX 76177-1524.

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

    The FAA determined that 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

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):

2019-20-11 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-19764; Docket No. FAA-2019-0716; Product Identifier 2019-NM-168-
AD.

(a) Effective Date

    This AD becomes effective November 15, 2019.

(b) Affected ADs

    None.

(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, 
all manufacturer serial numbers, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

[[Page 58318]]

(e) Reason

    This AD was prompted by reports of incorrectly installed main 
landing gear (MLG) bushings. The FAA is issuing this AD to address 
MLG bushings installed in the inverted position, which could lead to 
MLG structural failure and subsequent collapse of the MLG, possibly 
resulting in damage to the airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    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 
2019-0236, dated September 23, 2019 (``EASA AD 2019-0236'').

(h) Exceptions to EASA AD 2019-0236

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0236 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0236 does not apply 
to this AD.
    (3) Paragraph (6) of EASA AD 2019-0236 specifies to report 
inspection results to ATR within a certain compliance time. For this 
AD, report inspection results at the applicable time specified in 
paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) No Requirement for Return of Parts

    Although the service information referenced in EASA AD 2019-0236 
specifies to return parts to the manufacturer, this AD does not 
include that requirement.

(j) 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 (k) of this AD. Information may 
be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the Information Collection 
Clearance Officer, FAA, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

(k) Related Information

    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.

(l) 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) European Union Aviation Safety Agency (EASA) AD 2019-0236, 
dated September 23, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0236, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email ADs@easa.europa.eu; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) 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 http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0716.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
fedreg.legal@nara.gov, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on October 10, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23712 Filed 10-30-19; 8:45 am]
BILLING CODE 4910-13-P


