[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Proposed Rules]
[Pages 70892-70895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28445]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 /
Proposed Rules
[[Page 70892]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0975; Directorate Identifier 2013-NM-082-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).
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SUMMARY: We propose to supersede airworthiness directive (AD) 2009-18-
18, which applies to certain ATR--GIE Avions de Transport
R[eacute]gional Model ATR42 and ATR72 airplanes. AD 2009-18-18 requires
repetitive inspections for damage and absence of repair of the cockpit
forward side windows, and replacement if necessary. Since we issued
that AD, we received reports of a cockpit forward right-hand side blow
out during flight. This proposed AD would require repetitive detailed
inspections of the cockpit forward side window for damage and
discrepancies; replacement if necessary. Replacing both cockpit forward
side windows with approved windows would terminate the repetitive
detailed inspections. This proposed AD would also expand the
applicability of AD 2009-18-18. The actions required by AD 2009-18-18
are not required by this AD. We are proposing this AD to detect and
correct air/water leakage of the cockpit forward side window, which
could lead to rapid cabin decompression, resulting in loss of control
of the airplane.
DATES: We must receive comments on this proposed AD by January 13,
2014.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact PPG
Aerospace, 12780 San Fernando Road, Sylmar, California 91342; telephone
818-362-6711; fax 818-362-0603; Internet http://corporateportal.ppg.com/na/aerospace. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0975;
Directorate Identifier 2013-NM-082-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On August 26, 2009, we issued AD 2009-18-18, Amendment 39-16014 (74
FR 46336, September 9, 2009). That AD required actions intended to
address an unsafe condition on certain ATR Model ATR42 and ATR72
airplanes.
Since we issued AD 2009-18-18, Amendment 39-16014 (74 FR 46336,
September 9, 2009), we received reports of a cockpit forward right-hand
side blow out during flight. We also received reports of an air/water
leak, which is an indication that structural components within the
window have begun to deteriorate. The European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2013-0087,
dated April 9, 2013 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
In 2009, a Left-Hand (LH) forward side glass window of an ATR
72-212 aeroplane blew out while performing a ground pressure test.
The investigation results revealed some anomalies on the forward
side window at the level of the z-bar on the windows external side
and at the level of the inner retainer on the windows internal side.
Such anomalies are considered as precursors of this kind of failure.
Air or water leakages between the z-bar and the outer glass ply, or
between the inner retainer and inner glass ply indicate the presence
of deteriorating structural components in the window.
Neither ATR nor PPG Aerospace have authorized repairs on the
window z-bar or z-bar sealant. Any attempted repairs on these
forward side window z-bars and/or z-bar sealants could lead to a
similar event as described above.
In-flight loss of a forward side window would cause rapid cabin
decompression, possibly resulting in flight crew incapacitation and
consequent reduced control, or loss of control of the aeroplane, and
cause the risk of injury to persons on the ground. The loss of a
forward side window while the aeroplane is on the ground, due to
[[Page 70893]]
differential cabin pressure, could result in injury to aeroplane
occupants or to persons outside the aeroplane.
To address this potential unsafe condition, EASA issued AD 2009-
0159-E [dated July 20, 2009] [(http://ad.easa.europa.eu/blob/easa_ad_2009_0159E_superseded.pdf/EAD_2009-0159-E_1)] [which
corresponds to FAA AD 2009-18-18, Amendment 39-116014 (74 FR 46336,
September 9, 2009)] to require repetitive inspections of the
affected LH and right-hand (RH) cockpit forward side glass windows
and, in case discrepancies are found as defined in PPG Aerospace
Service Bulletin (SB) NP-158862-001, the replacement of the
window(s).
Since that [EASA] AD was issued, a cockpit forward RH-side
window blew out during flight on an ATR72-212 aeroplane. Degradation
of the window is considered to have been the cause for this failure.
* * * [T]his [EASA] AD * * * requires to accomplish the
[detailed] inspections in accordance with the instructions of
Revision 1 of PPG Aerospace SB NP-158862-001, which provides more
information on examples of [damaged and] discrepant conditions.
This [EASA] AD also requires the removal from service of the
affected Part Number (P/N) NP158862-1 and P/N NP158862-2 cockpit
forward side windows, which constitutes terminating action for the
repetitive inspections required by this AD.
The corrective action is replacing windows, if damage and
discrepancies are found. Damage and discrepancies to detect during the
inspection include z-bar existing sealant repair, z-bar deformation,
separation or gap in the sealant bond between the retainer and inner
glass ply, z-bar deformation and retainer gap at same location, or z-
bar deformation and retainer gap in window corner.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2013-0975.
Relevant Service Information
PPG Aerospace has issued Service Bulletin NP-158862-001, Revision
1, dated January 10, 2013. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
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.
Differences Between This AD and the MCAI or Service Information
Although EASA AD 2013-0087, dated April 9, 2013, specifies to
replace affected window(s) in accordance with the instructions of
ATR42/72 Job Instruction Card airplane maintenance manual (AMM) JIC 56-
12-00 RAI 10000, this proposed AD would require replacement of affected
window(s) using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the EASA (or its
delegated agent, or the Design Approval Holder with EASA design
organization approval).
While paragraph (6) of EASA AD 2013-0087, dated April 9, 2013,
specifies to replace each PPG Aerospace P/N NP-158862-1 LH and P/N NP-
158862-2 RH cockpit forward side window with another approved cockpit
forward side window, this proposed AD would require that replacement
windows and procedures for their installation be approved by the
Manager, International Branch, ANM-116, Transport Airplane Directorate,
FAA; or the EASA (or its delegated agent, or the Design Approval Holder
with EASA design organization approval).
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 43 products of U.S. registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Detailed Inspection............ 1 work-hour x $85 $0 $85 per inspection $3,655 per inspection
per hour = $85 per cycle. cycle.
inspection cycle.
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We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this replacement.
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement........................... 4 work-hours x $85 per hour = $340...... $18,546 $18,886
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Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these costs. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and
[[Page 70894]]
reviewing the collection of information. Therefore, all reporting
associated with this AD is mandatory. Comments concerning the accuracy
of this burden and suggestions for reducing the burden should be
directed to the FAA at 800 Independence Ave., SW., Washington, DC
20591. ATTN: Information Collection Clearance Officer, AES-200.
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 proposed 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
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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
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 removing airworthiness directive (AD)
2009-18-18, Amendment 39-16014 (74 FR 46336, September 9, 2009), and
adding the following new AD:
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2013-
0975; Directorate Identifier 2013-NM-082-AD.
(a) Comments Due Date
We must receive comments by January 13, 2014.
(b) Affected ADs
This AD supersedes AD 2009-18-18, Amendment 39-16014 (74 FR
46336, September 9, 2009).
(c) Applicability
This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes;
certificated in any category; all manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Reason
This AD was prompted by reports of a cockpit forward right-hand
side blow out during flight. We are issuing this AD to detect and
correct air/water leakage of the cockpit forward side window, which
could lead to rapid cabin decompression, resulting in loss of
control of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Inspections
For airplanes that are equipped with any PPG Aerospace cockpit
forward side glass window having part number (P/N) NP158862-1 or P/N
NP158862-2: At the applicable time specified in paragraph (g)(1) or
(g)(2) of this AD, do a detailed inspection of the cockpit forward
side window to detect any damage and discrepancies (z-bar existing
sealant repair, z-bar deformation, separation or gap in the sealant
bond between the retainer and inner glass ply, z-bar deformation and
retainer gap at same location, or z-bar deformation and retainer gap
in window corner), in accordance with the Accomplishment
Instructions of PPG Aerospace Service Bulletin NP-158862-001
Revision 1, dated January 10, 2013. Repeat the inspection thereafter
at intervals not to exceed 550 flight hours or 750 flight cycles,
whichever occurs first, except as required by paragraph (h) of this
AD.
(1) For windows for which the total flight cycles can be
established, inspect within 2,000 flight cycles since first
installation of the cockpit forward side window, or within 10 days
after the effective date of this AD, whichever occurs later.
(2) For windows for which the total flight cycles cannot be
established, inspect before the accumulation of 2,000 total flight
cycles on the airplane, or within 10 days after the effective date
of this AD, whichever occurs later.
(h) Conditions for Reduced Interval
If any of the conditions specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this AD is found during any inspection required by
paragraph (g) of this AD, reduce the interval of each subsequent
inspection as required by paragraph (g) of this AD to 50 flight
cycles or 7 days, whichever occurs later.
(1) Sealant separation between the Z-bar and the outer glass
ply, with depth less than 4 millimeter (mm) (0.160 inches (in)).
(2) Sealant separation between the inboard retainer and inner
glass ply, with depth less than 7.5 mm (0.300 in) and cumulative
length less than 300 mm (12.000 in).
(3) Window showing both sealant separation between the Z-bar and
the outer ply, and separation between inboard retainer and inner
glass ply, common to the same hole location with a length less than
225 mm (8.860 in), and not covering the entire arc of a window
corner.
(i) Replacement
If, during any inspection required by this AD, any damage or
discrepant condition as defined in PPG Aerospace Service Bulletin
NP-158862-001 Revision 1, dated January 10, 2013 (z-bar existing
sealant repair, z-bar deformation, separation or gap in the sealant
bond between the retainer and inner glass ply, z-bar deformation and
retainer gap at same location, or z-bar deformation and retainer gap
in window corner) is found, except for the conditions specified in
paragraph (h)(1), (h)(2), or (h)(3) of this AD, before further
pressurized flight or within 10 days after the inspection, whichever
occurs first, replace the affected window(s) using a method approved
by the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the European Aviation Safety Agency (EASA) (or
its delegated agent, or the Design Approval Holder with EASA design
organization approval). For a replacement method to be approved, the
repair must specifically refer to this AD.
Note 1 to paragraph (i) of this AD: Guidance for unpressurized
flight conditions and limitations can be found in ATR Master Minimum
Equipment List (MMEL) item 21-30-1 and Dispatch Deviation Guide
(DDG) item 21-30-1.(4).
Note 2 to paragraph (i) of this AD: Guidance for the replacement
required by
[[Page 70895]]
paragraph (i) of this AD can be found in ATR42/72 Job Instruction
Card airplane maintenance manual (AMM) JIC 56-12-00 RAI 10000.
(j) Reporting Requirement
Submit a report of the findings of the inspection required by
paragraph (g) of this AD to ATR techdesk, 1 ALLEE PIERRE NADOT,
31712 BLAGNAC CEDEX, France, phone: +33 (0)5 62 21 62 21; fax: +33
(0)5 62 21 67 18; email: [email protected]; and PPG Aerospace, ATTN:
Andrew Troller, P.O. Box 2200, Huntsville, AL 35811 USA, phone: 1-
256-859-2500 ext. 2544; fax 1-256-859-8155; email: [email protected];
at the applicable time specified in paragraph (j)(1) or (j)(2) of
this AD. The report must include the information specified in PPG
Aerospace Service Bulletin NP-158862-001, Revision 1, dated January
10, 2013.
(1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.
(k) Window Replacement Provisions
Replacing only the affected window, as required by paragraph (i)
of this AD, with a cockpit forward side window having P/N NP158862-1
left-hand (LH) or P/N NP158862-2 right-hand (RH), as applicable, is
not terminating action for the repetitive inspections required by
this AD.
(l) Terminating Action
Within 72 months after the effective date of this AD, replace
each PPG Aerospace P/N NP-158862-1 LH and P/N NP-158862-2 RH cockpit
forward side window with an approved cockpit forward side window.
Replacing both PPG Aerospace P/N NP158862-1 LH and P/N NP158862-2 RH
cockpit forward side windows with approved windows is a terminating
action for the repetitive inspections required by this AD.
Replacement windows and procedures for their installation must be
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent, by
the Design Approval Holder with EASA design organization approval).
(m) Parts Installation Prohibition
As of 72 months after the effective date of this AD, no person
may install any PPG Aerospace cockpit forward side window having P/N
NP158862-1 LH or P/N NP158862-2 RH on any airplane.
(n) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149. 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. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the Design Approval Holder with a State of
Design Authority's design organization approval). For a repair
method to be approved, the repair approval must specifically refer
to this AD. You are required to ensure the product is airworthy
before it is returned to service.
(3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(o) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information EASA
Airworthiness Directive 2013-0087, dated April 9, 2013, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov.
(2) For service information identified in this AD, contact PPG
Aerospace, 12780 San Fernando Road, Sylmar, California 91342;
telephone 818-362-6711; fax 818-362-0603; Internet http://corporateportal.ppg.com/na/aerospace. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on November 15, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28445 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-13-P