[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 [email protected];
[[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: [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.
(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 [email protected]; 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
[email protected], 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