Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 2906-2909 [2020-00446]
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Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Proposed Rules
the term of the grant is subject to
government-wide regulations governing
real property disposition (see 2 CFR part
400).
(2) Any use of USDA direct financial
assistance for equipment, supplies,
labor, indirect costs, and the like shall
be prorated between the USDA program
or activity and any ineligible purposes
by the religious organization in
accordance with applicable laws,
regulations, and guidance.
(3) Nothing in this section shall be
construed to prevent the residents of
housing who are receiving USDA direct
assistance funds from engaging in
religious exercise within such housing.
(g) If a recipient contributes its own
funds in excess of those funds required
by a matching or grant agreement to
supplement USDA awarding agencysupported activities, the recipient has
the option to segregate those additional
funds or commingle them with the
Federal award funds. If the funds are
commingled, the provisions of this
section shall apply to all of the
commingled funds in the same manner,
and to the same extent, as the provisions
apply to the Federal funds. With respect
to the matching funds, the provisions of
this section apply irrespective of
whether such funds are commingled
with Federal funds or segregated.
■ 5. Revise § 16.4 to read as follows:
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§ 16.4 Responsibilities of participating
organizations.
(a) Any organization that receives
direct or indirect Federal financial
assistance shall not, with respect to
services, or, in the case of direct Federal
financial assistance, outreach activities
funded by such financial assistance,
discriminate against a current or
prospective program beneficiary on the
basis of religion, religious belief, a
refusal to hold a religious belief, or a
refusal to attend or participate in a
religious practice. However, an
organization that participates in a
program funded by indirect financial
assistance need not modify its program
activities to accommodate a beneficiary
who chooses to expend the indirect aid
on the organization’s program and may
require attendance at all activities that
are fundamental to the program.
(b) Organizations that receive USDA
direct assistance under any USDA
program may not engage in explicitly
religious activities, including activities
that involve overt religious content such
as worship, religious instruction, or
proselytization, as part of the programs
or services funded by USDA direct
assistance. If an organization conducts
such activities, the activities must be
offered separately, in time or location,
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from the programs or services supported
with USDA direct assistance, and
participation must be voluntary for
beneficiaries of the programs or services
supported with such USDA direct
assistance. The use of indirect Federal
financial assistance is not subject to this
restriction. Nothing in this part restricts
the Department’s authority under
applicable Federal law to fund activities
that can be directly funded by the
Government consistent with the
Establishment Clause.
(c) Nothing in paragraphs (a) or (b) of
this section shall be construed to
prevent faith-based organizations that
receive USDA assistance under the
Richard B. Russell National School
Lunch Act, 42 U.S.C. 1751 et seq., the
Child Nutrition Act of 1966, 42 U.S.C.
1771 et seq., or USDA international
school feeding programs from
considering religion in their admissions
practices or from imposing religious
attendance or curricular requirements at
their schools.
§§ 16.5 and 16.6
from the government and may continue to
carry out its mission consistent with religious
freedom protections in the U.S. Constitution
and federal law, including 42 U.S.C. 2000bb
et seq., 42 U.S.C. 238n, 42 U.S.C. 18113, 42
U.S.C. 2000e–1(a) and 2000e–2(e), 42 U.S.C.
12113(d), and the Weldon Amendment,
among others. Religious accommodations
may also be sought under many of these
religious freedom protection laws.
A faith-based organization may not use
direct financial assistance from USDA to
support or engage in any explicitly religious
activities except when consistent with the
Establishment Clause and any other
applicable requirements. Such an
organization also may not, in providing
services funded by USDA, discriminate
against a program beneficiary or prospective
program beneficiary on the basis of religion,
a religious belief, a refusal to hold a religious
belief, or a refusal to attend or participate in
a religious practice.
Stephen L. Censky,
Deputy Secretary.
[FR Doc. 2019–28541 Filed 1–16–20; 8:45 am]
BILLING CODE 3410–14–P
[Removed]
■
■
6. Remove §§ 16.5 and 16.6.
7. Add Appendix A and Appendix B
to Part 16 to read as follows:
DEPARTMENT OF TRANSPORTATION
Appendix A to Part 16—Notice or
Announcement of Award Opportunities
14 CFR Part 39
Faith-based organizations may apply for
this award on the same basis as any other
organization, as set forth at and, subject to
the protections and requirements of part 16
and 42 U.S.C. 2000bb et seq., USDA will not,
in the selection of recipients, discriminate
against an organization on the basis of the
organization’s religious exercise or affiliation.
A faith-based organization that participates
in this program will retain its independence
from the government and may continue to
carry out its mission consistent with religious
freedom protections in the U.S. Constitution
and federal law, including 42 U.S.C. 2000bb
et seq., 42 U.S.C. 238n, 42 U.S.C. 18113, 42
U.S.C. 2000e–1(a) and 2000e–2(e), 42 U.S.C.
12113(d), and the Weldon Amendment,
among others. Religious accommodations
may also be sought under many of these
religious freedom protection laws.
A faith-based organization may not use
direct financial assistance from USDA to
support or engage in any explicitly religious
activities except where consistent with the
Establishment Clause and any other
applicable requirements. Such an
organization also may not, in providing
services funded by USDA, discriminate
against a program beneficiary or prospective
program beneficiary on the basis of religion,
a religious belief, a refusal to hold a religious
belief, or a refusal to attend or participate in
a religious practice.
Appendix B to Part 16—Notice of
Award or Contract
A faith-based organization that participates
in this program retains its independence
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Federal Aviation Administration
[Docket No. FAA–2019–1075; Product
Identifier 2019–NM–189–AD]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain ATR—GIE Avions de Transport
Re´gional Model ATR42 airplanes and
Model ATR72 airplanes. This proposed
AD was prompted by reports of
interference and chafing between a
propeller brake hydraulic pipe and an
electrical wire bundle bracket screw
installed in the underwing box of the
right-hand (RH) engine nacelle. This
proposed AD would require a
modification of the electrical wiring
routing in the engine nacelles, a onetime detailed visual inspection (DVI) of
the propeller brake hydraulic pipe and
electrical wire bundle bracket screw
head in the underwing box of the RH
engine nacelle and, depending on
findings, accomplishment of applicable
corrective actions, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which will be incorporated
SUMMARY:
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by reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by March 2, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
1075.
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–2019–
1075; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Sharam Daneshmandi, Aerospace
Engineer, International Section,
Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
telephone and fax 206–231–3220; email
shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
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arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–1075; Product
Identifier 2019–NM–189–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact we received about this NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0278, dated November 12, 2019
(‘‘EASA AD 2019–0278’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain ATR—GIE Avions de
Transport Re´gional Model ATR42–200,
–300, –320, –400, and –500 airplanes
and Model ATR72–101, –102, –201,
–202, –211, –212, and –212A airplanes.
Model ATR42–400 airplanes are not
certified by the FAA and are not
included on the U.S. type certificate
data sheet; this AD therefore does not
include those airplanes in the
applicability.
This proposed AD was prompted by
reports of interference and chafing
between a propeller brake hydraulic
pipe and an electrical wire bundle
bracket screw installed in the
underwing box of the RH engine
nacelle. The FAA is proposing this AD
to address hydraulic pipe damage,
which could result in hydraulic leakage
and a potential fire in a non-fireresistant area of the RH engine nacelle
when the propeller brake is activated or
deactivated while the airplane is on the
ground. See the MCAI for additional
background information.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0278 describes
procedures for a modification of the
electrical wiring routing in the engine
nacelles, followed by a one-time DVI of
the propeller brake hydraulic pipe and
electrical wire bundle bracket screw
head in the underwing box of the RH
engine nacelle and, depending on
findings, accomplishment of applicable
corrective actions. Corrective actions
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include hydraulic pipe replacement and
repair.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to a
bilateral agreement with the State of
Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the agency evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0278 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2019–0278 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2019–0278
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2019–0278 that is required for
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compliance with EASA AD 2019–0278
will be available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–1075 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 62 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
4 work-hours × $85 per hour = $340 ..........................................................................................
$135
$475
$29,450
Labor cost
Parts cost
Cost per
product
6 work-hours × $85 per hour = $510 ......................................................................................................................
$1,075
$1,585
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Authority for This Rulemaking
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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 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 and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA has determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
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on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
ATR—GIE Avions de Transport Re´gional:
Docket No. FAA–2019–1075; Product
Identifier 2019–NM–189–AD.
(a) Comments Due Date
The FAA must receive comments by March
2, 2020.
(b) Affected ADs
None.
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(c) Applicability
This AD applies to the ATR—GIE Avions
de Transport Re´gional airplanes identified in
paragraphs (c)(1) and (2) of this AD,
certificated in any category, as identified in
European Union Aviation Safety Agency
(EASA) AD 2019–0278, dated November 12,
2019 (‘‘EASA AD 2019–0278’’).
(1) Model ATR42–200, –300, –320, and
–500 airplanes.
(2) Model ATR72–101, –102, –201, –202,
–211, –212, and –212A airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 29, Hydraulic power; and 92,
Electronic common installation.
(e) Reason
This AD was prompted by reports of
interference and chafing between a propeller
brake hydraulic pipe and an electrical wire
bundle bracket screw installed in the
underwing box of the right-hand (RH) engine
nacelle. The FAA is issuing this AD to
address hydraulic pipe damage, which could
result in hydraulic leakage and a potential
fire in a non-fire-resistant area of the RH
engine nacelle when the propeller brake is
activated or deactivated while the airplane is
on the ground.
(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, EASA AD 2019–0278.
(h) Exceptions to EASA AD 2019–0278
(1) Where EASA AD 2019–0278 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0278 does not apply to this AD.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0278 specifies
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to submit certain information 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)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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 Re´gional’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(k) Related Information
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(1) For information about EASA AD 2019–
0278, contact the EASA, Konrad-AdenauerUfer 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. You may view this
material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
This material may be found in the AD docket
on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–1075.
(2) For more information about this AD,
contact Sharam Daneshmandi, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3220; email
shahram.daneshmandi@faa.gov.
Issued on January 7, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2020–00446 Filed 1–16–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1074; Product
Identifier 2019–NM–191–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170
airplanes and Model ERJ 190–100 STD,
–100 LR, –100 ECJ, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes.
This proposed AD was prompted by a
determination that certain main landing
gear (MLG) aft pintle pins repaired
using a sulphamate nickel plating have
a life limit that is less than the certified
life limit. This proposed AD would
require a one-time records review and a
general visual inspection (GVI) of the
MLG aft pintle pins to determine if
certain repairs were done, and
replacement of certain MLG aft pintle
pins with serviceable MLG aft pintle
pins, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC)
Brazilian AD, which will be
incorporated by reference. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by March 2, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact National
Civil Aviation Agency, Aeronautical
Products Certification Branch (GGCP),
Rua Laurent Martins, nß209, Jardim
Esplanada, CEP 12242–431—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
SUMMARY:
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2909
(12) 3203–6600; email pac@anac.gov.br;
internet www.anac.gov.br/en/. You may
find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. You may
view this IBR material at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
1074.
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–2019–
1074; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Krista Greer, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3221; email
krista.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–1074; Product
Identifier 2019–NM–191–AD’’ at the
beginning of your comments. The FAA
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Discussion
The ANAC, which is the aviation
authority for Brazil, has issued Brazilian
AD 2019–11–07, effective November 18,
2019 (‘‘Brazilian AD 2019–11–07’’) (also
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]]>Agencies
[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Proposed Rules]
[Pages 2906-2909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00446]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-1075; Product Identifier 2019-NM-189-AD]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42
airplanes and Model ATR72 airplanes. This proposed AD was prompted by
reports of interference and chafing between a propeller brake hydraulic
pipe and an electrical wire bundle bracket screw installed in the
underwing box of the right-hand (RH) engine nacelle. This proposed AD
would require a modification of the electrical wiring routing in the
engine nacelles, a one-time detailed visual inspection (DVI) of the
propeller brake hydraulic pipe and electrical wire bundle bracket screw
head in the underwing box of the RH engine nacelle and, depending on
findings, accomplishment of applicable corrective actions, as specified
in a European Union Aviation Safety Agency (EASA) AD, which will be
incorporated
[[Page 2907]]
by reference. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 2,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
[email protected]; internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-1075.
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-2019-
1075; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sharam Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220;
email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-1075;
Product Identifier 2019-NM-189-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact we received about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0278, dated November 12, 2019
(``EASA AD 2019-0278'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-200, -300, -320, -400, and -500 airplanes and Model ATR72-
101, -102, -201, -202, -211, -212, and -212A airplanes. Model ATR42-400
airplanes are not certified by the FAA and are not included on the U.S.
type certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
This proposed AD was prompted by reports of interference and
chafing between a propeller brake hydraulic pipe and an electrical wire
bundle bracket screw installed in the underwing box of the RH engine
nacelle. The FAA is proposing this AD to address hydraulic pipe damage,
which could result in hydraulic leakage and a potential fire in a non-
fire-resistant area of the RH engine nacelle when the propeller brake
is activated or deactivated while the airplane is on the ground. See
the MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0278 describes procedures for a modification of the
electrical wiring routing in the engine nacelles, followed by a one-
time DVI of the propeller brake hydraulic pipe and electrical wire
bundle bracket screw head in the underwing box of the RH engine nacelle
and, depending on findings, accomplishment of applicable corrective
actions. Corrective actions include hydraulic pipe replacement and
repair.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the agency
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0278 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0278
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0278 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0278 that is required for
[[Page 2908]]
compliance with EASA AD 2019-0278 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-1075 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 62 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed 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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4 work-hours x $85 per hour = $340........................... $135 $475 $29,450
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Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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6 work-hours x $85 per hour = $510.... $1,075 $1,585
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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 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2019-
1075; Product Identifier 2019-NM-189-AD.
(a) Comments Due Date
The FAA must receive comments by March 2, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the ATR--GIE Avions de Transport
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2) of
this AD, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2019-0278, dated November 12,
2019 (``EASA AD 2019-0278'').
(1) Model ATR42-200, -300, -320, and -500 airplanes.
(2) Model ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power; and 92, Electronic common installation.
(e) Reason
This AD was prompted by reports of interference and chafing
between a propeller brake hydraulic pipe and an electrical wire
bundle bracket screw installed in the underwing box of the right-
hand (RH) engine nacelle. The FAA is issuing this AD to address
hydraulic pipe damage, which could result in hydraulic leakage and a
potential fire in a non-fire-resistant area of the RH engine nacelle
when the propeller brake is activated or deactivated while the
airplane is on the ground.
(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, EASA AD 2019-0278.
(h) Exceptions to EASA AD 2019-0278
(1) Where EASA AD 2019-0278 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0278 does not apply
to this AD.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2019-0278
specifies
[[Page 2909]]
to submit certain information 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)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or ATR--GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
(k) Related Information
(1) For information about EASA AD 2019-0278, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-1075.
(2) For more information about this AD, contact Sharam
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3220; email [email protected].
Issued on January 7, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-00446 Filed 1-16-20; 8:45 am]
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