[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Proposed Rules]
[Page 71961-71963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-32]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1237; Directorate Identifier 2008-NM-125-AD]
RIN 2120-AA64
Airworthiness Directives; ATR Model ATR42-200, ATR42-300, ATR42-
320, ATR42-500, ATR72-101, ATR72-201, ATR72-102, ATR72-202, ATR72-211,
ATR72-212, and ATR72-212A Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
[C]hafed wirings were found in the rear baggage zone, closed [close]
to the forward side of the aft pressure bulkhead, due to contact
with an understructure securing screw. The concerned wiring harness
includes rudder trim, pitch trim and stick pusher control wires.
Damages on those wires might lead to the loss of fail safe criteria
for those critical functions.
The unsafe condition is reduced controllability of the airplane.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by December 26,
2008.
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 W12-40, 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 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:
[[Page 71962]]
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-2008-1237;
Directorate Identifier 2008-NM-125-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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0062, dated April 1, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
One ATR operator reported some spurious ``Pitch disconnect''
warning and ``AIL and R ELEV'' Anti-Ice Horn Fault caution
annunciations which precluded the use of the autopilot.
During the investigation, chafed wirings were found in the rear
baggage zone, closed [close] to the forward side of the aft pressure
bulkhead, due to contact with an understructure securing screw. The
concerned wiring harness includes rudder trim, pitch trim and stick
pusher control wires. Damages on those wires might lead to the loss
of fail safe criteria for those critical functions.
To address the identified unsafe condition, this AD mandates a
one-time inspection and a routing modification of the electrical
wires in the bulkhead area.
The unsafe condition is reduced controllability of the airplane.
The corrective action also includes contacting ATR for repair
instructions and doing the repair if any damage (chafing or contact
between bundles of cables and the airframe structure) is found during
the one-time inspection. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
ATR has issued Service Bulletins ATR42-92-0015, ATR42-92-0018,
ATR72-92-1016, and ATR72-92-1018, all dated February 11, 2008. 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
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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 48 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $131 per product. 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. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $25,488, or $531 per product.
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 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); 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 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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
ATR-GIE Avions de Transport R[eacute]gional (Formerly Aerospatiale):
Docket No.
[[Page 71963]]
FAA-2008-1237; Directorate Identifier 2008-NM-125-AD.
Comments Due Date
(a) We must receive comments by December 26, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
(1) ATR Model ATR42-200, ATR42-300, and ATR42-320 airplanes, all
serial numbers, except serial numbers 1 through 107 inclusive, 110
through 112 inclusive, 114, and 115, and except airplanes on which
ATR Service Bulletin ATR42-92-0018, dated February 11, 2008, has
been incorporated.
(2) ATR Model ATR42-500 airplanes, all serial numbers, except
serial numbers 667 and subsequent, and except airplanes on which ATR
Service Bulletin ATR42-92-0018, dated February 11, 2008, has been
incorporated.
(3) ATR Model ATR72-101, ATR72-201, ATR72-102, ATR72-202, ATR72-
211, ATR72-212, and ATR72-212A airplanes, all serial numbers except
serial numbers 756 and subsequent, and except airplanes on which ATR
Service bulletin ATR72-92-1018, dated February 11, 2008, has been
incorporated.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical Power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
One ATR operator reported some spurious ``Pitch disconnect''
warning and ``AIL and R ELEV'' Anti-Ice Horn Fault caution
annunciations which precluded the use of the autopilot.
During the investigation, chafed wirings were found in the rear
baggage zone, closed [close] to the forward side of the aft pressure
bulkhead, due to contact with an understructure securing screw. The
concerned wiring harness includes rudder trim, pitch trim and stick
pusher control wires. Damages on those wires might lead to the loss
of fail safe criteria for those critical functions.
To address the identified unsafe condition, this AD mandates a
one-time inspection and a routing modification of the electrical
wires in the bulkhead area.
The unsafe condition is reduced controllability of the airplane.
The corrective action also includes contacting ATR for repair
instructions and doing the repair if any damage (chafing or contact
between bundles of cables and the airframe structure) is found
during the one-time inspection.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 550 flight hours after the effective date of this AD,
perform a one-time detailed inspection for damage of the electrical
routing in the rear baggage zone in accordance with the
Accomplishment Instructions of ATR Service Bulletin ATR42-92-0015 or
ATR72-92-1016, both dated February 11, 2008, as applicable.
(2) If any damage is found during the inspection required by
paragraph (f)(1) of this AD, do the actions in paragraphs (f)(2)(i)
and (f)(2)(ii) of this AD.
(i) Before further flight contact ATR for repair instructions,
and do the repair.
(ii) Before further flight, modify the electrical routing and
protective sleeve in the rear cargo compartment at frame 44 in
accordance with the Accomplishment Instructions of ATR Service
Bulletin ATR42-92-0018 or ATR72-92-1018, both dated February 11,
2008, as applicable.
(3) If no damage is found during the inspection required by
paragraph (f)(1) of this AD: Within 5,000 flight hours after the
effective date of this AD, modify the electrical routing and replace
the protective sleeve in the rear cargo compartment at frame 44 in
accordance with the Accomplishment Instructions of ATR Service
Bulletin ATR42-92-0018 or ATR72-92-1018, both dated February 11,
2008, as applicable.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows:
(1) Although the MCAI or service information tells you to submit
information to the manufacturer, such submittal is not required by
this AD.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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, 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 appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(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.
Related Information
(h) Refer to MCAI EASA Airworthiness Directive 2008-0062, dated
April 1, 2008, and ATR Service Bulletins ATR42-92-0015, ATR42-92-
0018, ATR72-92-1016, and ATR72-92-1018, all dated February 11, 2008,
for related information.
Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-28163 Filed 11-25-08; 8:45 am]
BILLING CODE 4910-13-P