83 FR 21191 - Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 90 (May 9, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 90 (May 9, 2018)
| Page Range | 21191-21194 | |
| FR Document | 2018-09746 |
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)] [Proposed Rules] [Pages 21191-21194] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09746] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0391; Product Identifier 2017-NM-165-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). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, - 300, and -320 airplanes. This proposed AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require updating the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by June 25, 2018. 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, 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">continued.airworthiness@atr-aircraft.com; http:// www.atr-aircraft.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. 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-2018- 0391; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 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 Street, Des Moines, WA 98198; telephone and fax 206-231- 3220. SUPPLEMENTARY INFORMATION: Comments Invited We invite 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-2018-0391; Product Identifier 2017-NM-165-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We [[Page 21192]] will also post a report summarizing each substantive verbal contact we receive about this NPRM. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0221R1, 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 ATR42-200, -300, and -320 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 ATR42-200/-300/-320 Time Limits (TL) document. These instructions have been identified as mandatory for continued airworthiness. Failure to accomplish these instructions could result in an unsafe condition. Consequently, ATR published Revision 8 of the ATR42-200/-300/- 320 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 ATR42-200/-300/-320 TL document Revision 8, hereafter referred to as `the TLD' in this [EASA] AD. This [EASA] AD, in conjunction with two other [EASA] ADs related to ATR 42-400/-500 (EASA AD 2017-0222) and ATR 72-101/-102/-201/- 202/-211/-212/-212A (EASA AD 2017-0223) aeroplanes, retains the requirements of EASA AD 2009-0242 [which corresponds to FAA AD 2008- 04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009) (``AD 2008-04-19 R1'')] and EASA AD 2012-1093 [which corresponds to FAA AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016) (``AD 2015-26-09'')]. EASA plans, when all these three ADs are effective, to cancel EASA AD 2009-0242 and EASA AD 2012-0193. This [EASA] AD is revised to provide the correct issue date (17 October 2016) of the TLD. The original [EASA] AD inadvertently referenced the EASA approval date for that document. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018- 0391. Relationship Between Proposed AD and Certain Other ADs This NPRM would not supersede AD 2008-04-19 R1 or AD 2015-26-09. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This NPRM would require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. Accomplishment of the proposed actions would then terminate all requirements of AD 2008-04-19 R1 and AD 2015-26-09 for ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes only. Accomplishment of the proposed actions would also terminate all requirements of AD 2000-17-09, Amendment 39-11883 (65 FR 53897, September 6, 2000) (``AD 2000-17-09'') for ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes only. Related Service Information Under 1 CFR Part 51 ATR-GIE Avions de Transport R[eacute]gional has issued ATR 42-200/- 300/-320, Time Limits Document (TL), Revision 8, dated October 17, 2016. This service information describes life limits and maintenance requirements for the affected airplanes. 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. 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 our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (k)(1) of this proposed AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane. Airworthiness Limitations Based on Type Design The FAA recently became aware of an issue related to the applicability of ADs that require incorporation of revised airworthiness limitations (ALS) 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. [[Page 21193]] This proposed AD therefore would apply to ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 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 proposed 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. Costs of Compliance We estimate that this proposed AD affects 33 airplanes of U.S. registry. We estimate the following costs to comply with this proposed 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 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 to the Director of the System Oversight Division. Regulatory Findings We 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. 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, 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-2018- 0391; Product Identifier 2017-NM-165-AD. (a) Comments Due Date We must receive comments by June 25, 2018. (b) Affected ADs This AD affects the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD. (1) AD 2000-17-09, Amendment 39-11883 (65 FR 53897, September 6, 2000) (``AD 2000-17-09''). (2) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009) (``AD 2008-04-19 R1''). (3) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016) (``AD 2015-26-09''). (c) Applicability This AD applies to ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness dated on or before October 17, 2016. (d) Subject Air Transport Association (ATA) of America Code 05, Time limits/ maintenance checks. (e) Reason This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Maintenance or Inspection Program Revision Within 90 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in the airworthiness limitations (ALS) and certification maintenance requirements (CMR) sections of ATR-GIE Avions de Transport R[eacute]gional ATR 42-200/-300/-320, Time Limits Document (TL), Revision 8, dated October 17, 2016. The initial compliance time for accomplishing the tasks is at the applicable times specified in the ALS and CMR sections of ATR-GIE Avions de Transport R[eacute]gional ATR 42-200/-300/-320, TL, Revision 8, dated October 17, 2016, or within 90 days after the effective date of this AD, whichever occurs later, except as specified in paragraph (h) of this AD. (h) Initial Compliance Times for Certain CMR Tasks For the CMR tasks listed in figure 1 to paragraph (h) of this AD, the initial compliance time for accomplishing the tasks is at the applicable time specified in the ALS and CMR sections of ATR-GIE Avions de Transport R[eacute]gional ATR 42-200/-300/-320, TL, Revision 8, dated October 17, 2016, or within the compliance time specified in figure 1 to paragraph (h) of this AD, whichever occurs later. [[Page 21194]] [GRAPHIC] [TIFF OMITTED] TP09MY18.018 (i) No Alternative Actions and Intervals After the maintenance or inspection program, as applicable, has been revised as required by paragraphs (g) and (h) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions 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 for Certain ADs Accomplishing the actions required by this AD terminates all requirements of AD 2000-17-09, AD 2008-04-19 R1, and AD 2015-26-09 for ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, - 300, and -320 airplanes only. (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 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 (l)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain 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 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. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0221R1, dated December 15, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0391. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th Street, Des Moines, WA 980198; telephone and fax 206-231-3220. (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">continued.airworthiness@atr-aircraft.com; http://www.atr-aircraft.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. Issued in Des Moines, Washington, on April 27, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018-09746 Filed 5-8-18; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21191
USDA has not identified any relevant § 945.341 Handling regulation. • Mail: U.S. Department of
Federal rules that duplicate, overlap, or * * * * * Transportation, Docket Operations,
conflict with this proposed rule. (a) * * * M–30, West Building Ground Floor,
A small business guide on complying (1) * * * Room W12–140, 1200 New Jersey
with fruit, vegetable, and specialty crop (2) Size—(i) All varieties, except Avenue SE, Washington, DC 20590.
marketing agreements and orders may Russet types. 17⁄8 inches minimum • Hand Delivery: Deliver to Mail
be viewed at: http://www.ams.usda.gov/ diameter, unless otherwise specified on address above between 9 a.m. and 5
rules-regulations/moa/small-businesses. the container in connection with the p.m., Monday through Friday, except
Any questions about the compliance grade. Federal holidays.
guide should be sent to Richard Lower (ii) Russet types. 2 inches minimum For service information identified in
at the previously mentioned address in diameter, or 4 ounces minimum weight: this NPRM, contact ATR–GIE Avions de
the FOR FURTHER INFORMATION CONTACT Provided, That at least 40 percent of the Transport Régional, 1 Allée Pierre
section. potatoes in each lot shall be 5 ounces or Nadot, 31712 Blagnac Cedex, France;
In accordance with section 8e of the heavier. telephone +33 (0) 5 62 21 62 21; fax +33
Act, the United States Trade * * * * * (0) 5 62 21 67 18; email
Representative has concurred with the continued.airworthiness@atr-
issuance of this proposed rule. Dated: May 3, 2018. aircraft.com; http://www.atr-
A 60-day comment period is provided Bruce Summers, aircraft.com. You may view this service
to allow interested persons to respond Acting Administrator, Agricultural Marketing information at the FAA, Transport
to this proposal. All written comments Service. Standards Branch, 2200 South 216th
timely received will be considered [FR Doc. 2018–09820 Filed 5–8–18; 8:45 am] Street, Des Moines, WA. For
before a final determination is made on BILLING CODE 3410–02–P information on the availability of this
this matter. material at the FAA, call 206–231–3195.
List of Subjects in 7 CFR Part 945 Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Marketing agreements, Potatoes, You may examine the AD docket on
Reporting and recordkeeping Federal Aviation Administration the internet at http://
requirements. www.regulations.gov by searching for
For the reasons set forth above, 7 CFR 14 CFR Part 39 and locating Docket No. FAA–2018–
part 945 is proposed to be amended as [Docket No. FAA–2018–0391; Product 0391; or in person at the Docket
follows: Identifier 2017–NM–165–AD] Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
PART 945—IRISH POTATOES GROWN RIN 2120–AA64 except Federal holidays. The AD docket
IN CERTAIN DESIGNATED COUNTIES contains this NPRM, the regulatory
IN IDAHO, AND MALHEUR COUNTY, Airworthiness Directives; ATR–GIE
evaluation, any comments received, and
OREGON Avions de Transport Régional
other information. The street address for
Airplanes
the Docket Operations office (telephone
■ 1. The authority citation for 7 CFR
AGENCY: Federal Aviation 800–647–5527) is in the ADDRESSES
part 945 continues to read as follows:
Administration (FAA), DOT. section. Comments will be available in
Authority: 7 U.S.C. 601–674. the AD docket shortly after receipt.
ACTION: Notice of proposed rulemaking
[Subpart Redesignated as Subpart A] (NPRM). FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
■ 2. Redesignate ‘‘Subpart—Order
SUMMARY: We propose to adopt a new Engineer, International Section,
Regulating Handling’’ as ‘‘Subpart A— airworthiness directive (AD) for certain Transport Standards Branch, FAA, 2200
Order Regulating Handling’’. ATR–GIE Avions de Transport Régional South 216th Street, Des Moines, WA
[Subpart Redesignated as Subpart B Model ATR42–200, –300, and –320 98198; telephone and fax 206–231–
and Amended] airplanes. This proposed AD was 3220.
prompted by a determination that more
■ 3. Redesignate ‘‘Subpart—Rules and SUPPLEMENTARY INFORMATION:
restrictive maintenance requirements
Regulations’’ as subpart B and revise the
and airworthiness limitations are Comments Invited
heading to read as follows:
necessary. This proposed AD would We invite you to send any written
Subpart B—Administrative require updating the maintenance or relevant data, views, or arguments about
Requirements inspection program, as applicable, to this proposal. Send your comments to
incorporate new or more restrictive an address listed under the ADDRESSES
[Subpart Redesignated as Subpart C] maintenance requirements and section. Include ‘‘Docket No. FAA–
■ 4. Redesignate ‘‘Subpart—Assessment airworthiness limitations. We are 2018–0391; Product Identifier 2017–
Rates’’ as ‘‘Subpart C—Assessment proposing this AD to address the unsafe NM–165–AD’’ at the beginning of your
Rates’’. condition on these products. comments. We specifically invite
DATES: We must receive comments on comments on the overall regulatory,
[Subpart Redesignated as Subpart D
this proposed AD by June 25, 2018. economic, environmental, and energy
and Amended]
amozie on DSK3GDR082PROD with PROPOSALS
ADDRESSES: You may send comments, aspects of this NPRM. We will consider
■ 5. Redesignate ‘‘Subpart—Handling using the procedures found in 14 CFR all comments received by the closing
Regulations’’ as subpart D and revise the 11.43 and 11.45, by any of the following date and may amend this NPRM based
heading to read as follows: methods: on those comments.
• Federal eRulemaking Portal: Go to We will post all comments we
Subpart D—Handling Requirements
http://www.regulations.gov. Follow the receive, without change, to http://
■ 6. In § 945.341, revise paragraphs instructions for submitting comments. www.regulations.gov, including any
(a)(2)(i) and (ii) to read as follows: • Fax: 202–493–2251. personal information you provide. We
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![21192 Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules
will also post a report summarizing each program, as applicable, to incorporate Airworthiness Limitations Based on
substantive verbal contact we receive new or more restrictive maintenance Type Design
about this NPRM. requirements and airworthiness The FAA recently became aware of an
limitations. Accomplishment of the issue related to the applicability of ADs
Discussion
proposed actions would then terminate that require incorporation of revised
The European Aviation Safety Agency all requirements of AD 2008–04–19 R1
(EASA), which is the Technical Agent airworthiness limitations (ALS) into an
and AD 2015–26–09 for ATR–GIE operator’s maintenance or inspection
for the Member States of the European Avions de Transport Régional Model
Union, has issued EASA Airworthiness program.
ATR42–200, –300, and –320 airplanes Typically, when these types of ADs
Directive 2017–0221R1, dated December only. Accomplishment of the proposed are issued by civil aviation authorities
15, 2017 (referred to after this as the actions would also terminate all of other countries, they apply to all
Mandatory Continuing Airworthiness requirements of AD 2000–17–09, airplanes covered under an identified
Information, or ‘‘the MCAI’’), to correct Amendment 39–11883 (65 FR 53897, type certificate (TC). The corresponding
an unsafe condition for all ATR–GIE September 6, 2000) (‘‘AD 2000–17–09’’) FAA AD typically retains applicability
Avions de Transport Régional Model for ATR–GIE Avions de Transport to all of those airplanes.
ATR42–200, –300, and –320 airplanes. Régional Model ATR42–200, –300, and In addition, U.S. operators must
The MCAI states: –320 airplanes only. operate their airplanes in an airworthy
The airworthiness limitations and Related Service Information Under 1 condition, in accordance with 14 CFR
certification maintenance requirements 91.7(a). Included in this obligation is the
(CMR) for ATR aeroplanes, which are CFR Part 51
requirement to perform any
approved by EASA, are currently defined and ATR–GIE Avions de Transport
published in the ATR42–200/–300/–320 maintenance or inspections specified in
Régional has issued ATR 42–200/–300/ the ALS, and in accordance with the
Time Limits (TL) document. These
instructions have been identified as
–320, Time Limits Document (TL), ALS as specified in 14 CFR 43.16 and
mandatory for continued airworthiness. Revision 8, dated October 17, 2016. This 91.403(c), unless an alternative has been
Failure to accomplish these instructions service information describes life limits approved by the FAA.
could result in an unsafe condition. and maintenance requirements for the When a type certificate is issued for
Consequently, ATR published Revision 8 affected airplanes. This service a type design, the specific ALS,
of the ATR42–200/–300/–320 TL document, information is reasonably available including revisions, is a part of that type
which contains new and/or more restrictive because the interested parties have
CMRs and airworthiness limitation tasks. design, as specified in 14 CFR 21.31(c).
access to it through their normal course The sum effect of these operational
For the reasons described above, this
[EASA] AD requires accomplishment of the
of business or by the means identified and maintenance requirements is an
actions specified in the ATR42–200/–300/– in the ADDRESSES section. obligation to comply with the ALS
320 TL document Revision 8, hereafter FAA’s Determination and Requirements defined in the type design referenced in
referred to as ‘the TLD’ in this [EASA] AD. of This Proposed AD the manufacturer’s conformity
This [EASA] AD, in conjunction with two statement. This obligation may
other [EASA] ADs related to ATR 42–400/– This product has been approved by introduce a conflict with an AD that
500 (EASA AD 2017–0222) and ATR 72–101/ the aviation authority of another requires a specific ALS revision if new
–102/–201/–202/–211/–212/–212A (EASA country, and is approved for operation
AD 2017–0223) aeroplanes, retains the
airplanes are delivered with a later
in the United States. Pursuant to our revision as part of their type design.
requirements of EASA AD 2009–0242 [which
corresponds to FAA AD 2008–04–19 R1, bilateral agreement with the State of To address this conflict, the FAA has
Amendment 39–16069 (74 FR 56713, Design Authority, we have been notified approved alternative methods of
November 3, 2009) (‘‘AD 2008–04–19 R1’’)] of the unsafe condition described in the compliance (AMOCs) that allow
and EASA AD 2012–1093 [which MCAI and service information operators to incorporate the most recent
corresponds to FAA AD 2015–26–09, referenced above. We are proposing this ALS revision into their maintenance/
Amendment 39–18357 (81 FR 1483, January AD because we evaluated all pertinent inspection programs, in lieu of the ALS
13, 2016) (‘‘AD 2015–26–09’’)]. EASA plans, information and determined an unsafe revision required by the AD. This
when all these three ADs are effective, to condition exists and is likely to exist or
cancel EASA AD 2009–0242 and EASA AD
eliminates the conflict and enables the
develop on other products of the same operator to comply with both the AD
2012–0193.
This [EASA] AD is revised to provide the type design. and the type design.
correct issue date (17 October 2016) of the This proposed AD would require However, compliance with AMOCs is
TLD. The original [EASA] AD inadvertently revisions to certain operator normally optional, and we recently
referenced the EASA approval date for that maintenance documents to include new became aware that some operators
document. actions (e.g., inspections). Compliance choose to retain the AD-mandated ALS
You may examine the MCAI in the with these actions is required by 14 CFR revision in their fleet-wide
AD docket on the internet at http:// 91.403(c). For airplanes that have been maintenance/inspection programs,
www.regulations.gov by searching for previously modified, altered, or repaired including those for new airplanes
and locating Docket No. FAA–2018– in the areas addressed by this proposed delivered with later ALS revisions, to
0391. AD, the operator may not be able to help standardize the maintenance of the
accomplish the actions described in the fleet. To ensure that operators comply
Relationship Between Proposed AD and revisions. In this situation, to comply with the applicable ALS revision for
Certain Other ADs
amozie on DSK3GDR082PROD with PROPOSALS
with 14 CFR 91.403(c), the operator newly delivered airplanes containing a
This NPRM would not supersede AD must request approval for an alternative later revision than that specified in an
2008–04–19 R1 or AD 2015–26–09. method of compliance according to AD, we plan to limit the applicability of
Rather, we have determined that a paragraph (k)(1) of this proposed AD. ADs that mandate ALS revisions to
stand-alone AD would be more The request should include a those airplanes that are subject to an
appropriate to address the changes in description of changes to the required earlier revision of the ALS, either as part
the MCAI. This NPRM would require actions that will ensure the continued of the type design or as mandated by an
revising the maintenance or inspection operational safety of the airplane. earlier AD.
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![Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules 21193
This proposed AD therefore would FAA Order 8000.51C. In accordance (1) AD 2000–17–09, Amendment 39–11883
apply to ATR–GIE Avions de Transport with that order, issuance of ADs is (65 FR 53897, September 6, 2000) (‘‘AD
Régional Model ATR42–200, –300, and normally a function of the Compliance 2000–17–09’’).
–320 airplanes with an original and Airworthiness Division, but during (2) AD 2008–04–19 R1, Amendment 39–
certificate of airworthiness or original this transition period, the Executive 16069 (74 FR 56713, November 3, 2009) (‘‘AD
export certificate of airworthiness that Director has delegated the authority to 2008–04–19 R1’’).
was issued on or before the date of issue ADs applicable to transport (3) AD 2015–26–09, Amendment 39–18357
approval of the ALS revision identified category airplanes to the Director of the (81 FR 1483, January 13, 2016) (‘‘AD 2015–
in this proposed AD. Operators of System Oversight Division. 26–09’’).
airplanes with an original certificate of (c) Applicability
airworthiness or original export Regulatory Findings
certificate of airworthiness issued after We determined that this proposed AD This AD applies to ATR–GIE Avions de
that date must comply with the would not have federalism implications Transport Régional Model ATR42–200, –300,
airworthiness limitations specified as under Executive Order 13132. This and –320 airplanes, certificated in any
part of the approved type design and proposed AD would not have a category, with an original airworthiness
referenced on the type certificate data substantial direct effect on the States, on certificate or original export certificate of
sheet. the relationship between the national airworthiness dated on or before October 17,
Government and the States, or on the 2016.
Costs of Compliance
distribution of power and (d) Subject
We estimate that this proposed AD responsibilities among the various
affects 33 airplanes of U.S. registry. Air Transport Association (ATA) of
levels of government. America Code 05, Time limits/maintenance
We estimate the following costs to For the reasons discussed above, I checks.
comply with this proposed AD. certify this proposed regulation:
We have determined that revising the 1. Is not a ‘‘significant regulatory (e) Reason
maintenance or inspection program action’’ under Executive Order 12866; This AD was prompted by a determination
takes an average of 90 work-hours per 2. Is not a ‘‘significant rule’’ under the that more restrictive maintenance
operator, although we recognize that DOT Regulatory Policies and Procedures requirements and airworthiness limitations
this number may vary from operator to (44 FR 11034, February 26, 1979); are necessary. We are issuing this AD to
operator. In the past, we have estimated 3. Will not affect intrastate aviation in prevent reduced structural integrity of the
that this action takes 1 work-hour per Alaska; and airplane.
airplane. Since operators incorporate 4. Will not have a significant
maintenance or inspection program economic impact, positive or negative, (f) Compliance
changes for their affected fleet(s), we on a substantial number of small entities Comply with this AD within the
have determined that a per-operator under the criteria of the Regulatory compliance times specified, unless already
estimate is more accurate than a per- Flexibility Act. done.
airplane estimate. Therefore, we
List of Subjects in 14 CFR Part 39 (g) Maintenance or Inspection Program
estimate the total cost per operator to be Revision
$7,650 (90 work-hours × $85 per work- Air transportation, Aircraft, Aviation
hour). safety, Incorporation by reference, Within 90 days after the effective date of
Safety. this AD, revise the maintenance or inspection
Authority for This Rulemaking program, as applicable, to incorporate the
Title 49 of the United States Code The Proposed Amendment information specified in the airworthiness
specifies the FAA’s authority to issue Accordingly, under the authority limitations (ALS) and certification
rules on aviation safety. Subtitle I, delegated to me by the Administrator, maintenance requirements (CMR) sections of
section 106, describes the authority of the FAA proposes to amend 14 CFR part ATR–GIE Avions de Transport Régional ATR
the FAA Administrator. ‘‘Subtitle VII: 39 as follows: 42–200/–300/–320, Time Limits Document
Aviation Programs,’’ describes in more (TL), Revision 8, dated October 17, 2016. The
detail the scope of the Agency’s PART 39—AIRWORTHINESS initial compliance time for accomplishing the
authority. DIRECTIVES tasks is at the applicable times specified in
We are issuing this rulemaking under the ALS and CMR sections of ATR–GIE
the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 Avions de Transport Régional ATR 42–200/
continues to read as follows: –300/–320, TL, Revision 8, dated October 17,
Part A, Subpart III, Section 44701:
2016, or within 90 days after the effective
General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701.
date of this AD, whichever occurs later,
section, Congress charges the FAA with
§ 39.13 [Amended] except as specified in paragraph (h) of this
promoting safe flight of civil aircraft in
■ 2. The FAA amends § 39.13 by adding AD.
air commerce by prescribing regulations
for practices, methods, and procedures the following new airworthiness (h) Initial Compliance Times for Certain
the Administrator finds necessary for directive (AD): CMR Tasks
safety in air commerce. This regulation ATR–GIE Avions de Transport Régional: For the CMR tasks listed in figure 1 to
is within the scope of that authority Docket No. FAA–2018–0391; Product paragraph (h) of this AD, the initial
amozie on DSK3GDR082PROD with PROPOSALS
because it addresses an unsafe condition Identifier 2017–NM–165–AD. compliance time for accomplishing the tasks
that is likely to exist or develop on (a) Comments Due Date is at the applicable time specified in the ALS
products identified in this rulemaking and CMR sections of ATR–GIE Avions de
We must receive comments by June 25,
action. Transport Régional ATR 42–200/–300/–320,
2018.
This proposed AD is issued in TL, Revision 8, dated October 17, 2016, or
accordance with authority delegated by (b) Affected ADs within the compliance time specified in
the Executive Director, Aircraft This AD affects the ADs specified in figure 1 to paragraph (h) of this AD,
Certification Service, as authorized by paragraphs (b)(1), (b)(2), and (b)(3) of this AD. whichever occurs later.
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Document Created: 2018-05-09 03:17:22
Document Modified: 2018-05-09 03:17:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by June 25, 2018. | |
| Contact | Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; telephone and fax 206-231- 3220. | |
| FR Citation | 83 FR 21191 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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