[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29596-29598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10627]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0102; Product Identifier 2019-NM-184-AD; Amendment
39-19912; AD 2020-09-16]
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.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2000-17-
09, AD 2008-04-19 R1, and AD 2015-26-09; and terminating all
requirements of AD 2018-18-05; which applied to ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD
2018-18-05 required updating the maintenance or inspection program, as
applicable, to incorporate new or more restrictive maintenance
requirements and airworthiness limitations, and terminated the relevant
requirements of AD 2000-17-09, AD 2008-04-19 R1, and AD 2015-26-09.
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations; as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. This AD
was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective June 22, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 22,
2020.
ADDRESSES: For 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]; 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, Airworthiness Products Section, Operational Safety 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-2020-0102.
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-2020-
0102; 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, any comments received, and other information. The
address for Docket Operations is 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: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0256, dated October 17, 2019
(``EASA AD 2019-0256'') (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
ATR42-200, -300, and -320 airplanes. EASA AD 2019-0256 supersedes EASA
AD 2017-0221R1, dated December 15, 2017 (which corresponds to FAA AD
2018-18-05, Amendment 39-19384 (83 FR 44463, August 31, 2018) (``AD
2018-18-05'')).
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2000-17-09, Amendment 39-11883 (65 FR
53897, September 6, 2000) (``AD 2000-17-09''); AD 2008-04-19 R1,
Amendment 39-16069 (74 FR 56713, November 3, 2009) (''AD 2008-04-19
R1''); and AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13,
2016) (``AD 2015-26-09''); for all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes only. The
NPRM also proposed to terminate all requirements of AD 2018-18-05,
which specified that accomplishing the revision required by paragraph
(g) of that AD terminated all requirements of AD 2000-17-09; AD 2008-
04-19 R1; and AD 2015-26-09; for ATR-GIE
[[Page 29597]]
Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320
airplanes only. The NPRM published in the Federal Register on February
28, 2020 (85 FR 11876). The NPRM was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. The
NPRM proposed to revise the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations, as specified in an EASA AD.
The FAA is issuing this AD to address reduced structural integrity
of the airplane. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Clarification of Paragraph (k) of This AD
Once a maintenance or inspection program is revised as required by
paragraph (g) of this AD, paragraph (i) of this AD does not allow for
the later use of alternative actions, intervals, or Critical Design
Configuration Control Limitations (CDCCLs) unless these alternative
actions, intervals, or CDCCLs are approved as specified in the ``Ref.
Publications'' section of EASA AD 2019-0256. In paragraph (i) of the
proposed AD, the FAA proposed language using the word ``except.'' To
make the language consistent with the language in the ``Ref.
Publications'' section of EASA AD 2019-0256, the FAA has changed the
wording in paragraph (i) of this AD to ``unless they are approved.''
Explanation of Change to the Costs of Compliance Section
In the NPRM, the Costs of Compliance section inadvertently included
information for retained actions from AD 2018-18-05. Since this AD does
not include any retained actions, the FAA has removed that information.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
change described previously and minor editorial changes. The FAA has
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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0256 describes new and more restrictive airworthiness
limitations for airplane structure and systems. 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.
Costs of Compliance
The FAA estimates that this AD affects 33 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average 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.
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.
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) 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.
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:
0
a. Removing Airworthiness Directive (AD) 2000-17-09, Amendment 39-11883
(65 FR 53897, September 6, 2000); AD 2008-04-19 R1, Amendment 39-16069
(74 FR 56713, November 3, 2009); and AD 2015-26-09, Amendment 39-18357
(81 FR 1483, January 13, 2016); and
0
b. Adding the following new AD:
2020-09-16 GIE Avions de Transport R[eacute]gional: Amendment 39-
19912; Docket No. FAA-2020-0102; Product Identifier 2019-NM-184-AD.
(a) Effective Date
This AD is effective June 22, 2020.
(b) Affected ADs
(1) This AD replaces the ADs identified in paragraphs (b)(1)(i)
through (iii) of this AD.
(i) AD 2000-17-09, Amendment 39-11883 (65 FR 53897, September 6,
2000) (``AD 2000-17-09'').
(ii) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November
3, 2009) (``AD 2008-04-19 R1'').
(iii) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13,
2016) (``AD 2015-26-09'').
[[Page 29598]]
(2) This AD affects AD 2018-18-05, Amendment 39-19384 (83 FR
44463, August 31, 2018) (``AD 2018-18-05'').
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane.
(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
2019-0256, dated October 17, 2019 (``EASA AD 2019-0256'').
(h) Exceptions to EASA AD 2019-0256
(1) The requirements specified in paragraphs (1) and (3) of EASA
AD 2019-0256 do not apply to this AD.
(2) Where paragraph (2) of EASA AD 2019-0256 refers to its
effective date, this AD requires using the effective date of this
AD.
(3) Paragraph (4) of EASA AD 2019-0256 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (4) of
EASA AD 2019-0256 within 90 days after the effective date of this
AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (4) of EASA AD 2019-0256 is at the applicable ``associated
thresholds'' specified in paragraph (4) of EASA AD 2019-0256, or
within 90 days after the effective date of this AD, whichever occurs
later.
(5) The provisions specified in paragraphs (5) and (6) of EASA
AD 2019-0256 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2019-0256 does not apply
to this AD.
(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)
After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, and CDCCLs are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2019-0256.
(j) Terminating Action for AD 2018-18-05
Accomplishing the maintenance or inspection program revision
required by paragraph (g) of this AD terminates the requirements of
AD 2018-18-05.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (l) 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, Large Aircraft
Section, International Validation 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) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0256 that contains RC procedures and
tests: Except as required by paragraph (k)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(l) Related Information
For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3220; email [email protected].
(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.
(3) The following service information was approved for IBR on
June 22, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0256,
dated October 17, 2019.
(ii) [Reserved]
(4) For information about EASA AD 2019-0256, 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.
(5) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety 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-2020-0102.
(6) 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on May 8, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10627 Filed 5-15-20; 8:45 am]
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