AD 2020-07-12

[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20411-20413]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-07647]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0985; Product Identifier 2019-NM-183-AD; Amendment 
39-19891; AD 2020-07-12]
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 adopting a new airworthiness directive (AD) for 
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 
airplanes. This AD was prompted by a report of interference between 
bonding braid screws and pitch tab control rods on the ATR final 
assembly line. This AD requires an inspection of the bonding braid 
screws for proper installation, a detailed inspection for damage to the 
pitch tab control rods if necessary, and replacement of the pitch tab 
control rods if necessary, 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 is effective May 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 18, 
2020.

ADDRESSES: 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 <a href="/cdn-cgi/l/email-protection#bdfcf9cefdd8dccedc93d8c8cfd2cddc93d8c8"><span class="__cf_email__" data-cfemail="e8a9ac9ba88d899b89c68d9d9a879889c68d9d">[email&#160;protected]</span></a>; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2019-0985.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2019-
0985; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations 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, 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 2019-0262, dated October 22, 2019 
(``EASA AD 2019-0262'') (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 ATR42-500 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions 
de Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM 
published in the Federal Register on December 19, 2019 (84 FR 69662). 
The NPRM was prompted by a report of interference between bonding braid 
screws and pitch tab control rods on the ATR final assembly line. The 
NPRM proposed to require an inspection of the bonding braid screws for 
proper installation, a detailed inspection for damage to the pitch tab 
control rods if necessary, and replacement of the pitch tab control 
rods if necessary.
    The FAA is issuing this AD to address interference between bonding 
braid screws and pitch tab control rods, which could lead to failure of 
the rods and tab disconnection, possibly resulting in reduced control 
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 following presents the comment received 
on the NPRM and the FAA's response to the comment.

Request To Allow Credit for Work Done Using Alternative Service 
Information

    Silver Airways requested credit for accomplishment of the proposed 
requirements on its current fleet of affected ATR42 airplanes using 
alternative service information, i.e., by accomplishment of ATR All 
Operator Message (AOM) 2019/09, Issue 2, and compliance with ATR 
Service Bulletin ATR42-27-0112, dated August 6, 2019, referencing EASA 
AD 2019-0262.
    The FAA disagrees with the request because the commenter provided 
no justification. The FAA has determined that in order to address the 
identified unsafe condition, operators must comply with the 
requirements of EASA AD 2019-0262, except as specified in paragraph (h) 
of this AD. EASA AD 2019-0262 specifies only ATR Service Bulletin 
ATR42-27-0112 for compliance actions, and it does not specify an AOM. 
However, under the provisions of paragraph (j) of this AD, the FAA will 
consider requests for approval to use alternative service information 
if sufficient data are submitted to substantiate that the actions 
specified in the alternative service information would provide an 
acceptable level of safety. The FAA has not changed this AD with regard 
to this request.

[[Page 20412]]

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0262 describes procedures for inspecting the bonding 
braid screws for proper installation, doing a detailed inspection for 
damage of the pitch tab control rods, and replacing the pitch tab 
control rods. 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 3 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $255
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    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......         $11,940          $12,025
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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.

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 adding the following new airworthiness 
directive (AD):

2020-07-12 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-19891; Docket No. FAA-2019-0985; Product Identifier 2019-NM-183-
AD.

(a) Effective Date

    This AD is effective May 18, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, certificated in any category, as 
identified in European Union Aviation Safety Agency (EASA) AD 2019-
0262, dated October 22, 2019 (``EASA AD 2019-0262'').

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of interference between bonding 
braid screws and pitch tab control rods on the ATR final assembly 
line. The FAA is issuing this AD to address interference between 
bonding braid screws and pitch tab control rods, which could lead to 
failure of the rods and tab disconnection, possibly resulting in 
reduced control 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

[[Page 20413]]

compliance times specified in, and in accordance with, EASA AD 2019-
0262.

(h) Exceptions to EASA AD 2019-0262

    (1) Where EASA AD 2019-0262 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0262 does not apply 
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0262 
specifies 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) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#a29b8fe3ecef8f9393948fe3efede18ff0e7f3f7e7f1f6f1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="142d39555a59392525223955595b57394651454151474047547275753a737b62">[email&#160;protected]</span></a>. 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

    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 2019-0262, 
dated October 22, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0262, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email <a href="/cdn-cgi/l/email-protection#08494c7b486d697b69266d7d7a677869266d7d"><span class="__cf_email__" data-cfemail="7f3e3b0c3f1a1e0c1e511a0a0d100f1e511a0a">[email&#160;protected]</span></a>; internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2019-0985.
    (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 
<a href="/cdn-cgi/l/email-protection#a1c7c4c5d3c4c68fcdc4c6c0cde1cfc0d3c08fc6ced7"><span class="__cf_email__" data-cfemail="fd9b98998f989ad391989a9c91bd939c8f9cd39a928b">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-07647 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P