[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46336-46339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21312]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0786; Directorate Identifier 2009-NM-145-AD; 
Amendment 39-16014; AD 2009-18-18]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    A recent event occurred during which the LH [left-hand] forward 
side glass window of an ATR 72-212 aeroplane blew out while 
performing a ground pressure test.
    The investigation 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. These 
anomalies are considered as precursors of this failure.
* * * * *
    An in-flight loss of a forward side window could have 
catastrophic consequences for the aeroplane and/or cause injuries to 
people on the ground. The loss of the forward side window while the 
aeroplane is on the ground with a positive differential cabin 
pressure could also cause injuries to people inside or around the 
aeroplane.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective September 24, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 24, 
2009.
    We must receive comments on this AD by October 9, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room

[[Page 46337]]

W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 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, 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: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2009-0159-E, dated July 20, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    A recent event occurred during which the LH [left-hand] forward 
side glass window of an ATR 72-212 aeroplane blew out while 
performing a ground pressure test.
    The investigation 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. These 
anomalies are considered as precursors of this failure.
    Air or water leakages between the Z-bar and the outer glass ply, 
or between the inner retainer and inner glass ply indicates the 
presence of deteriorating structural components in the window.
    It must also be noticed that neither ATR nor PPG Aerospace 
authorizes repairs on the window Z-bar/Z-bar sealant.
    Any attempted repairs on these forward side window Z-bars/Z-bar 
sealants could lead to a similar event that has originated this AD.
    An in-flight loss of a forward side window could have 
catastrophic consequences for the aeroplane and/or cause injuries to 
people on the ground. The loss of the forward side window while the 
aeroplane is on the ground with a positive differential cabin 
pressure could also cause injuries to people inside or around the 
aeroplane.
    Accordingly, this AD mandates initial and repetitive inspections 
of LH and RH [right-hand] cockpit forward side glass windows and in 
case of discrepancies, the replacement of the window(s).
    Remark: Acrylic-based cockpit forward side windows are not 
concerned by this AD.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    PPG Aerospace has issued Service Bulletin NP-158862-001, dated July 
8, 2009. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
in-flight loss of a forward side window could have catastrophic 
consequences for the airplane or cause injuries to people on the 
ground. Therefore, we determined that notice and opportunity for public 
comment before issuing this AD are impracticable and that good cause 
exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0786; Directorate 
Identifier 2009-NM-145-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 AD.

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.

Regulatory Findings

    We determined that 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 46338]]

    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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.

Adoption of the Amendment

0
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 AD:

2009-18-18 ATR--GIE Avions De Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-16014. Docket No. FAA-2009-0786; 
Directorate Identifier 2009-NM-145-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR Model ATR42-200, -300, -320, and -500 
airplanes and Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes; certificated in any category; that are equipped with 
any PPG Aerospace cockpit forward side glass window having part 
number (P/N) NP-158862-1 or NP-158862-2.

Subject

    (d) Air Transport Association (ATA) of America Code 56: Windows.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    A recent event occurred during which the LH [left-hand] forward 
side glass window of an ATR 72-212 aeroplane blew out while 
performing a ground pressure test.
    The investigation 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. These 
anomalies are considered as precursors of this failure.
    Air or water leakages between the Z-bar and the outer glass ply, 
or between the inner retainer and inner glass ply indicates the 
presence of deteriorating structural components in the window.
    It must also be noticed that neither ATR nor PPG Aerospace 
authorizes repairs on the window Z-bar/Z-bar sealant.
    Any attempted repairs on these forward side window Z-bars/Z-bar 
sealants could lead to a similar event that has originated this AD.
    An in-flight loss of a forward side window could have 
catastrophic consequences for the aeroplane and/or cause injuries to 
people on the ground. The loss of the forward side window while the 
aeroplane is on the ground with a positive differential cabin 
pressure could also cause injuries to people inside or around the 
aeroplane.
    Accordingly, this AD mandates initial and repetitive inspections 
of LH and RH [right-hand] cockpit forward side glass windows and in 
case of discrepancies, the replacement of the window(s).
    Remark: Acrylic-based cockpit forward side windows are not 
concerned by this AD.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Prior to the accumulation of 2,000 total flight cycles on 
any cockpit forward side window, or within 10 days after the 
effective date of this AD, whichever occurs later, inspect for 
damage and absence of repair of the cockpit forward side windows, in 
accordance with the Accomplishment Instructions of PPG Aerospace 
Service Bulletin NP-158862-001, dated July 8, 2009. If the total 
flight cycles on a given cockpit forward side window installed on an 
airplane cannot be established, the total flight cycles accumulated 
on the airplane must be used in determining the initial inspection 
time for the cockpit forward side window.
    (i) If any discrepant condition, as defined in PPG Aerospace 
Service Bulletin NP-158862-001, dated July 8, 2009, is found: 
Replace the window, in accordance with a method approved by the 
Manager, ANM-116, International Branch, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent), before further 
pressurized flight or within 10 days after the inspection, whichever 
occurs first.

    Note 1:  Guidance on replacing windows may be found in ATR 
(ATR42) Aircraft Maintenance Manual (AMM) Job Instruction Card (JIC) 
56-12-00 RAI 10000-011, dated February 2008; and ATR ATR72 AMM JIC 
56-12-00 RAI 10000-001, dated April 2008.


    Note 2:  Guidance on unpressurized flight conditions and 
limitations may be found in Section 21-30-1, dated February 2008, of 
the ATR Master Minimum Equipment List; and Section 21-30-1, dated 
February 2008, of the ATR Dispatch Deviation Guide.

    (ii) If one of the conditions identified in paragraphs 
(f)(1)(ii)(a), (f)(1)(ii)(b), and (f)(1)(ii)(c) of this AD is found: 
Within 50 flight cycles or 7 days after the inspection required by 
paragraph (f)(1) of this AD, whichever occurs later, repeat the 
inspection required in paragraph (f)(1) of this AD. Re-inspect at 
intervals not to exceed 50 flight cycles or 7 days, whichever occurs 
later. When any discrepant condition, as defined in PPG Aerospace 
Service Bulletin NP-158862-001, dated July 8, 2009, is found: 
Replace the window, in accordance with a method approved by the 
Manager, ANM-116, International Branch, Transport Airplane 
Directorate, FAA, or EASA (or its delegated agent), before further 
pressurized flight or within 10 days after the inspection, whichever 
occurs first.
    (a) Sealant separation between the Z-bar and the outer glass 
ply, with depth less than or equal to 4 mm (0.160 in).
    (b) Sealant separation between inboard retainer and inner glass 
ply, with depth less than or equal to 7.5 mm (0.300 in) and 
cumulative length less than or equal to 300 mm (12.000 in).
    (c) 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 
or equal to 225 mm (8.860 in), and not covering the entire arc of a 
window corner.
    (iii) If no discrepancy is found: Re-inspect the cockpit forward 
side windows at intervals not to exceed 550 flight hours, in 
accordance with the Accomplishment Instructions of PPG Aerospace 
Service Bulletin NP-158862-001, dated July 8, 2009. When any 
discrepant condition, as defined in PPG Aerospace Service Bulletin 
NP-158862-001, dated July 8, 2009, is found: Replace the window, in 
accordance with a method approved by the Manager, ANM-116, 
International Branch, Transport Airplane Directorate, FAA, or EASA 
(or its delegated agent), before further pressurized flight or 
within 10 days after the inspection, whichever occurs first.
    (2) Within 30 days after any inspection when damage or a 
discrepancy is found or within 30 days after the effective date of 
this AD, whichever occurs later, submit a detailed report of the 
findings to ATR in accordance with PPG Aerospace Service Bulletin 
NP-158862-001, dated July 8, 2009.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No Differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch. Transport Airplane Directorate, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information 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. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.

[[Page 46339]]

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 or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.
    (4) Special Flight Permits: We are permitting special flight 
permits provided that the airplane is unpressurized during flight.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency Airworthiness Directive 2009-0159-E, dated July 20, 2009; 
and PPG Aerospace Service Bulletin NP-158862-001, dated July 8, 
2009; for related information.

Material Incorporated by Reference

    (i) You must use PPG Aerospace Service Bulletin NP-158862-001, 
dated July 8, 2009, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (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.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21312 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P