AD 2020-09-16

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#a4e5e0d7e4c1c5d7c58ac1d1d6cbd4c58ac1d1"><span class="__cf_email__" data-cfemail="4405003704212537256a2131362b34256a2131">[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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0102.

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-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 <a href="/cdn-cgi/l/email-protection#9ceff4fdf4eefdf1b2f8fdf2f9eff4f1fdf2f8f5dcfafdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="fc8f949d948e9d91d2989d92998f94919d929895bc9a9d9dd29b938a">[email&#160;protected]</span></a>.

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:
    <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.
    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: <a href="/cdn-cgi/l/email-protection#1a23375b5457372b2b2c375b57555937485f4b4f5f494e495a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="c8f1e5898685e5f9f9fee58985878be59a8d999d8d9b9c9b88aea9a9e6afa7be">[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, 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 <a href="/cdn-cgi/l/email-protection#64170c050c1605094a00050a01170c09050a000d240205054a030b12"><span class="__cf_email__" data-cfemail="53203b323b21323e7d37323d36203b3e323d373a133532327d343c25">[email&#160;protected]</span></a>.

(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 <a href="/cdn-cgi/l/email-protection#adece9deedc8ccdecc83c8d8dfc2ddcc83c8d8"><span class="__cf_email__" data-cfemail="0243467142676371632c6777706d72632c6777">[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>.
    (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 
<a href="/cdn-cgi/l/email-protection#5c3a39382e393b7230393b3d301c323d2e3d723b332a"><span class="__cf_email__" data-cfemail="b5d3d0d1c7d0d29bd9d0d2d4d9f5dbd4c7d49bd2dac3">[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 May 8, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-10627 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-13-P