[Federal Register: October 28, 2005 (Volume 70, Number 208)]
[Rules and Regulations]
[Page 62059-62061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22795; Directorate Identifier 2005-NM-193-AD;
Amendment 39-14353; AD 2005-22-09]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale 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: The FAA is adopting a new airworthiness directive (AD) for all
Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires a one-
time inspection to determine the part number or markings of the fuel
quality indicator (FQI) and replacement of any FQI having an incorrect
part number. This AD results from a report that an FQI having an
incorrect part number was installed on a Model ATR72 airplane. We are
issuing this AD to ensure that a correct FQI is installed. An incorrect
FQI could result in fuel starvation to the engine and consequent engine
shutdown during flight.
DATES: This AD becomes effective November 14, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 14,
2005.
We must receive comments on this AD by December 27, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France, for service information identified in this AD.
[[Page 62060]]
FOR FURTHER INFORMATION CONTACT: Thomas Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC),
which is the airworthiness authority for France, notified us that an
unsafe condition may exist on all Aerospatiale Model ATR42 and ATR72
airplanes. The DGAC advises that a Model ATR72 airplane ditched off the
coast of Italy. An investigation revealed that a fuel quality indicator
(FQI) having an incorrect part number (P/N) was installed on the
airplane. An FQI for the Model ATR72 airplanes may also be
inadvertently installed on a Model ATR42 airplane if operators do not
adhere to the manufacturer's service information. This condition, if
not corrected, could result in fuel starvation to the engine and
consequent engine shutdown during flight.
Relevant Service Information
Aerospatiale has issued ATR All Operators Message (AOM) 42-72/2005/
08, issue 5, dated September 7, 2005. The AOM describes procedures to
determine if the part number of the FQI is consistent with the one
provided within the applicable illustrated parts catalog section 28-42-
80-01. The DGAC mandated the AOM and issued French emergency
airworthiness directive UF-2005-160, dated September 8, 2005, to ensure
the continued airworthiness of these airplanes in France.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. We have examined the DGAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to ensure that a correct FQI is
installed. This AD requires accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Among the AD, the AOM, and the French Emergency
Airworthiness Directive.''
Differences Among the AD, the AOM, and the French Emergency
Airworthiness Directive
Although the French emergency airworthiness directive recommends
accomplishing the inspection ``before next flight,'' we have determined
that a compliance time of 7 days for completing the required actions is
warranted because most U.S. operators have already completed the
inspection. In developing an appropriate compliance time for this AD,
we considered the degree of urgency associated with addressing the
subject unsafe condition, the average utilization of the affected
fleet, and the time necessary to perform the inspections. In light of
all of these factors, we find a compliance time of 7 days represents an
appropriate interval of time for affected airplanes to continue to
operate without compromising safety. This difference has been
coordinated with the DGAC.
The French emergency airworthiness directive and the AOM specify to
determine the correct P/N of the FQI. However, in addition to the
inspection to determine the correct P/N, this AD allows operators to
inspect the FQI for applicable markings to determine if the correct FQI
is installed. The markings are illustrated in the AOM. This difference
has been coordinated with the DGAC.
Although the French emergency airworthiness directive specifies
reporting results to the manufacturer, this AD does not require those
actions. We do not need this information from operators.
Interim Action
This AD is considered interim action. If final action is later
identified, we may consider further rulemaking then.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of that web
site, anyone can find and read the comments in any of our dockets,
including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you may visit
http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
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.
[[Page 62061]]
Regulatory Findings
We have 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 that the 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); 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. See the ADDRESSES
section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-22-09 Aerospatiale: Amendment 39-14353. Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD.
Effective Date
(a) This AD becomes effective November 14, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Aerospatiale Model ATR42-200, -300, -
320, and -500 airplanes, and Model ATR72-101, -201, -102, -202, -
211, -212, and -212A airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report that a fuel quality indicator
(FQI) having an incorrect part number was installed on a Model ATR72
airplane. We are issuing this AD to ensure that a correct FQI is
installed. An incorrect FQI could result in fuel starvation to the
engine and consequent engine shutdown during flight.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection and Corrective Action
(f) Within 7 days after the effective date of this AD, do the
inspection specified in paragraph (f)(1) or (f)(2) of this AD.
(1) Perform an inspection to determine the part number (P/N) of
the fuel quantity indicator (FQI) 3QT, in accordance with ATR All
Operators Message (AOM) 42-72/2005/08, issue 5, dated September 7,
2005. Instead of the inspection, a review of the airplane
maintenance records is acceptable if the P/N of the FQI can be
positively determined from that review.
(2) Inspect the faceplate of the FQI to verify that it has the
correct markings as specified in paragraphs (f)(2)(i) and
(f)(2)(ii), as applicable.
(i) For Model ATR42-200, -300, -320, and -500 airplanes: The FQI
has the marking of 4960 lbs on the faceplate as illustrated in ATR
AOM 42-72/2005/08, issue 5, dated September 7, 2005.
(ii) For Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes: The FQI has the marking of 5500 lbs on the faceplate
as illustrated in the AOM 42-72/2005/08, issue 5, dated September 7,
2005.
(g) If it can be positively determined, during the inspection
required by paragraph (f) of this AD, that the FQI has the correct
part number or marking, no further action is required by this AD.
(h) If it is determined, during the inspection required by
paragraph (f) of this AD, that the FQI does not have the correct
part number or marking, before further flight, install the FQI
having the correct part number as specified in ATR AOM 42-72/2005/
08, issue 5, dated September 7, 2005.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(j) French emergency airworthiness directive UF-2005-160, dated
September 8, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use ATR All Operators Message (AOM) 42-72/2005/08,
issue 5, dated September 7, 2005, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France, for a copy of this service information. You may review
copies at the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., room PL-401, Nassif
Building, Washington, DC; on the Internet at http://dms.dot.gov; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at the 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 October 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-21338 Filed 10-27-05; 8:45 am]
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