Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 34031-34034 [2018-14809]
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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations
Issued in Fort Worth, Texas, on July 6,
2018.
Scott A. Horn,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2018–15303 Filed 7–18–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0166; Product
Identifier 2017–NM–169–AD; Amendment
39–19331; AD 2018–14–11]
RIN 2120–AA64
Airworthiness Directives; ATR–GIE
´
Avions de Transport Regional
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
We are adopting a new
airworthiness directive (AD) for all
´
ATR–GIE Avions de Transport Regional
Model ATR72 airplanes. This AD was
prompted by a determination that more
restrictive maintenance instructions and
airworthiness limitations are necessary.
This AD requires revising the
maintenance or inspection program, as
applicable, to incorporate new or
revised maintenance instructions and
airworthiness limitations. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 23,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 23, 2018.
ADDRESSES: For service information
identified in this final rule, contact
´
ATR–GIE Avions de Transport Regional,
´
1, Allee Pierre Nadot, 31712 Blagnac
Cedex, France; telephone +33 (0) 5 62
21 62 21; fax +33 (0) 5 62 21 67 18;
email continued.airworthiness@atraircraft.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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0166.
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014
16:04 Jul 18, 2018
Jkt 244001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0166; 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 (phone: 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 St., Des Moines, WA 98198;
telephone and fax 206–231–3220.
SUPPLEMENTARY INFORMATION:
Discussion
AGENCY:
SUMMARY:
Examining the AD Docket
We 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 Regional Model ATR72
airplanes. The NPRM published in the
Federal Register on March 22, 2018 (83
FR 12508). The NPRM was prompted by
a determination that more restrictive
maintenance instructions and
airworthiness limitations are necessary.
The NPRM proposed to require revising
the maintenance or inspection program,
as applicable, to incorporate new or
revised maintenance instructions and
airworthiness limitations. We are
issuing this AD to address fatigue
cracking, damage, and corrosion 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 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 Regional 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.
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Frm 00011
Fmt 4700
Sfmt 4700
34031
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 AD requires 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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0166.
Comment
We 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 Correct Typographical
Error
Empire Airlines asked that
airworthiness limitations (AWL) task
number 572401–1, identified in table 1
to paragraph (h) of this AD, be changed
to AWL task number 572402–1. Empire
Airlines stated that AWL task number
572401–1 corresponds to maintenance
review board report (MRBR) task
numbers ZL–500–01–1 and ZL–600–01–
1; and the MRBR task numbers ZL–520–
01–1 and ZL–620–01–1, identified in
table 1 to paragraph (h) of this AD,
correspond with AWL task number
572402–1. Empire Airlines provided
substantiation data to this effect.
We agree with the commenter that a
typographical error was made in the
AWL task number 572401–1, identified
in table 1 to paragraph (h) of this AD.
We have corrected this error
accordingly.
E:\FR\FM\19JYR1.SGM
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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations
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Airworthiness Limitations Based on
Type Design
The FAA recently became aware of an
issue related to the applicability of ADs
that require incorporation of an
airworthiness limitations section (ALS)
revision 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.
VerDate Sep<11>2014
16:04 Jul 18, 2018
Jkt 244001
This AD therefore applies to ATR–GIE
´
Avions de Transport Regional Model
ATR72–101, –102, –201, –202, –211,
–212, and –212A 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 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.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule with the change described
previously and minor editorial changes.
We have 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.
We 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
´
Regional has issued the ATR72 Time
Limits document, Revision 15, dated
May 2, 2017. This 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.
Costs of Compliance
We estimate that this AD affects 26
airplanes of U.S. registry.
We estimate the following costs to
comply with this 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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
changes for their affected fleet(s), we
have determined that a per-operator
estimate is more accurate than a perairplane estimate. Therefore, we
estimate the total cost per operator to be
$7,650 (90 work-hours × $85 per workhour).
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 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) 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,
E:\FR\FM\19JYR1.SGM
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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations
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
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2018–14–11 ATR–GIE Avions de Transport
´
Regional: Amendment 39–19331; Docket
No. FAA–2018–0166; Product Identifier
2017–NM–169–AD.
(a) Effective Date
This AD is effective August 23, 2018.
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(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
16:04 Jul 18, 2018
Jkt 244001
This AD applies to ATR–GIE Avions de
´
Transport Regional Model ATR72–101, –102,
–201, –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 May 2, 2017.
Air Transport Association (ATA) of
America Code 05.
1. The authority citation for part 39
continues to read as follows:
VerDate Sep<11>2014
(c) Applicability
(d) Subject
■
§ 39.13
This AD affects 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’’).
(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.
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.
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Frm 00013
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Sfmt 4700
(g) Revision of Maintenance or Inspection
Program
Within 90 days 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 90 days 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 airworthiness
limitations (AWL) and certification
maintenance requirement (CMR)/
maintenance significant item (MSI) 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.
(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
E:\FR\FM\19JYR1.SGM
19JYR1
ER19JY18.008</GPH>
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(b) Affected ADs
ER19JY18.004</GPH>
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
34033
34034
Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations
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: 9-ANM-116AMOC-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 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
https://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
St., Des Moines, WA 98198; telephone and
fax 206–231–3220.
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(m) 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) ATR72 Time Limits document, Revision
15, dated May 2, 2017.
(ii) Reserved.
(3) For service information identified in
this AD, contact ATR–GIE Avions de
´
´
Transport Regional, 1, Allee Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33
(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18;
email continued.airworthiness@atraircraft.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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
VerDate Sep<11>2014
16:04 Jul 18, 2018
Jkt 244001
Issued in Des Moines, Washington, on July
3, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–14809 Filed 7–18–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–1093; Product
Identifier 2017–NM–018–AD; Amendment
39–19329; AD 2018–14–09]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Airbus Model A318 series airplanes;
Model A319 series airplanes; Model
A320–211, –212, –214, –216, –231,
–232, and –233 airplanes; and Model
A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes. This AD
was prompted by reports of early
cracking on certain holes of the
crossbeam splicing at certain fuselage
frames. This AD requires repetitive
inspections for cracking of the fastener
holes in certain fuselage frames, and
depending on airplane configuration,
provides an optional terminating action
to the repetitive inspections. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 23,
2018.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 23, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Airbus, Airworthiness Office—EIAS,
Rond-Point Emile Dewoitine No: 2,
31700 Blagnac Cedex, France; telephone
+33 5 61 93 36 96; fax +33 5 61 93 44
51; email account.airworth-eas@
airbus.com; internet https://
www.airbus.com. You may view this
referenced 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
https://www.regulations.gov by searching
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
for and locating Docket No. FAA–2017–
1093.
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–2017–
1093; 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 AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
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:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3223.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Airbus Model A318
series airplanes; Model A319 series
airplanes; Model A320–211, –212, –214,
–216, –231, –232, and –233 airplanes;
and Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
The NPRM published in the Federal
Register on November 27, 2017 (82 FR
55955) (‘‘the NPRM’’). The NPRM was
prompted by reports of early cracking
on certain holes of the crossbeam
splicing at certain fuselage frames. The
NPRM proposed to require repetitive
inspections for cracking of the fastener
holes in certain fuselage frames, and
depending on airplane configuration,
would provide an optional terminating
action to the repetitive inspections. We
are issuing this AD to address cracking
at two upper rows of fasteners of the
crossbeam splicing at frame (FR)16 and
FR20, on both the left-hand (LH) and
right-hand (RH) sides, which can result
in reduced structural integrity of the
airplane due to the failure of structural
components.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0139,
dated July 14, 2016 (referred to after this
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Rules and Regulations]
[Pages 34031-34034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14809]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0166; Product Identifier 2017-NM-169-AD; Amendment
39-19331; AD 2018-14-11]
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.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for all
ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. This
AD was prompted by a determination that more restrictive maintenance
instructions and airworthiness limitations are necessary. This AD
requires revising the maintenance or inspection program, as applicable,
to incorporate new or revised maintenance instructions and
airworthiness limitations. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 23, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 23,
2018.
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">[email protected]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 https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0166.
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-2018-
0166; 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 (phone: 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 St., Des Moines, WA 98198; telephone and fax 206-231-3220.
SUPPLEMENTARY INFORMATION:
Discussion
We 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 March 22, 2018 (83 FR 12508). The NPRM was
prompted by a determination that more restrictive maintenance
instructions and airworthiness limitations are necessary. The NPRM
proposed to require revising the maintenance or inspection program, as
applicable, to incorporate new or revised maintenance instructions and
airworthiness limitations. We are issuing this AD to address fatigue
cracking, damage, and corrosion 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
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 AD requires 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 https://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0166.
Comment
We 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 Correct Typographical Error
Empire Airlines asked that airworthiness limitations (AWL) task
number 572401-1, identified in table 1 to paragraph (h) of this AD, be
changed to AWL task number 572402-1. Empire Airlines stated that AWL
task number 572401-1 corresponds to maintenance review board report
(MRBR) task numbers ZL-500-01-1 and ZL-600-01-1; and the MRBR task
numbers ZL-520-01-1 and ZL-620-01-1, identified in table 1 to paragraph
(h) of this AD, correspond with AWL task number 572402-1. Empire
Airlines provided substantiation data to this effect.
We agree with the commenter that a typographical error was made in
the AWL task number 572401-1, identified in table 1 to paragraph (h) of
this AD. We have corrected this error accordingly.
[[Page 34032]]
Airworthiness Limitations Based on Type Design
The FAA recently became aware of an issue related to the
applicability of ADs that require incorporation of an airworthiness
limitations section (ALS) revision 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.
This AD therefore applies to ATR-GIE Avions de Transport
R[eacute]gional Model ATR72-101, -102, -201, -202, -211, -212, and -
212A 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 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.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule with the change described previously and minor
editorial changes. We have 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.
We 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 the ATR72
Time Limits document, Revision 15, dated May 2, 2017. This 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.
Costs of Compliance
We estimate that this AD affects 26 airplanes of U.S. registry.
We estimate the following costs to comply with this 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 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) 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,
[[Page 34033]]
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:
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):
2018-14-11 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-19331; Docket No. FAA-2018-0166; Product Identifier 2017-NM-169-
AD.
(a) Effective Date
This AD is effective August 23, 2018.
(b) Affected ADs
This AD affects 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 certificate of
airworthiness or original export certificate of airworthiness issued
on or before May 2, 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 90 days 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 90
days 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 airworthiness limitations (AWL) and
certification maintenance requirement (CMR)/maintenance significant
item (MSI) 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] TR19JY18.004
[GRAPHIC] [TIFF OMITTED] TR19JY18.008
(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
[[Page 34034]]
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 https://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 St., Des Moines, WA 98198;
telephone and fax 206-231-3220.
(m) 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) ATR72 Time Limits document, Revision 15, dated May 2, 2017.
(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">[email protected]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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on July 3, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-14809 Filed 7-18-18; 8:45 am]
BILLING CODE 4910-13-P
