Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes, 55113-55116 [E7-19201]
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules
method to be approved, the repair must meet
the certification basis of the airplane and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
Issued in Renton, Washington, on
September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–19204 Filed 9–27–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29332; Directorate
Identifier 2007–NM–172–AD]
RIN 2120–AA64
Airworthiness Directives; ATR Model
ATR42 and ATR72 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a
safety review of the aircraft Fuel Tank
System * * *.
*
*
*
*
*
pwalker on PROD1PC71 with PROPOSALS
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘‘unsafe condition’’ * * *.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
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 October 29, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
• Fax: (202) 493–2251.
VerDate Aug<31>2005
17:39 Sep 27, 2007
Jkt 211001
• 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: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.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, FAA,
Transport Airplane Directorate, 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–2007–29332; Directorate Identifier
2007–NM–172–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 https://
dms.dot.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 2006–0219R1,
dated June 29, 2007 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
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55113
condition for the specified products.
The MCAI states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulations) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/
cert_policy_statements_en.html ) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
the date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. You
may obtain further information by
examining the MCAI in the AD docket.
The FAA has examined the
underlying safety issues involved in fuel
tank explosions on several large
transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
single failures, single failures in
combination with a latent condition(s),
and in-service failure experience. For all
four criteria, the evaluations included
consideration of previous actions taken
that may mitigate the need for further
action.
The Joint Aviation Authorities (JAA)
has issued a regulation that is similar to
SFAR 88. (The JAA is an associated
body of the European Civil Aviation
Conference (ECAC) representing the
civil aviation regulatory authorities of a
number of European States who have
agreed to co-operate in developing and
implementing common safety regulatory
standards and procedures.) Under this
regulation, the JAA stated that all
members of the ECAC that hold type
certificates for transport category
airplanes are required to conduct a
design review against explosion risks.
We have determined that the actions
identified in this AD are necessary to
reduce the potential of ignition sources
inside fuel tanks, which, in combination
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17:39 Sep 27, 2007
Jkt 211001
with flammable fuel vapors, could result
in fuel tank explosions and consequent
loss of the airplane.
Relevant Service Information
ATR has issued the Time Limits
Section of Part 1 of the ATR42–200/–
300/–320 Maintenance Review Board
Report (MRBR), Revision 7, dated March
31, 2006; the ATR 42–400/–500 MRBR,
Revision 6, dated March 26, 2007; and
the ATR 72 MRBR, Revision 8, dated
March 26, 2007. 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 84 products of U.S. registry.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$6,720, or $80 per product.
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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, 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.
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
ATR–GIE Avions De Transport Regional
(Formerly Aerospatiale): Docket No.
FAA–2007–29332; Directorate Identifier
2007–NM–172–AD.
Comments Due Date
(a) We must receive comments by October
29, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all ATR Model
ATR42–200, –300, –320, and –500 airplanes;
and all ATR Model ATR72–101, –201, –102,
–202, –211, –212, and –212A airplanes;
certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (g) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
pwalker on PROD1PC71 with PROPOSALS
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
VerDate Aug<31>2005
17:39 Sep 27, 2007
Jkt 211001
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
the date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ’unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank
systems.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 3 months after the effective date
of this AD or before December 16, 2008,
whichever occurs first, revise the
Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
to incorporate Task 28.10.00 ‘‘Fuel Tank—
General,’’ and Task 28.20.00 ‘‘Distribution,’’
of the Certification Maintenance
Requirements (CMR) Time Limits Section of
Part 1 of the ATR–42–200/–300/–320
Maintenance Review Board Report (MRBR),
Revision 7, dated March 31, 2006; the ATR
42–400/–500 MRBR, Revision 6, dated March
26, 2007; or the ATR 72 MRBR, Revision 8,
dated March 26, 2007; as applicable. For all
tasks identified in the applicable MRBR, the
initial compliance times start from the later
of the times specified in paragraphs (f)(1)(i)
and (f)(1)(ii) of this AD, except as provided
by paragraph (f)(3) of this AD. The repetitive
inspections must be accomplished thereafter
at the interval specified in the applicable
MRBR.
(i) The effective date of this AD.
(ii) The date of issuance of the original
French standard airworthiness certificate or
the date of issuance of the original French
export certificate of airworthiness.
(2) Within 3 months after the effective date
of this AD or before December 16, 2008,
whichever occurs first, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in Section
4. ‘‘Critical Design Configuration Control
List,’’ of the Airworthiness Limitations
section of the Time Limits Section of Part 1
of the ATR42–200/–300/–320 Maintenance
Review Board Report (MRBR), Revision 7,
dated March 31, 2006; the ATR 42–400/–500
MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March
26, 2007; as applicable.
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55115
(3) For the task titled ‘‘Detailed visual
inspection of the fuel tanks and associated
equipment, wiring, piping and braids’’ (CMR
(Certification Maintenance Requirements)
task reference 28.10.00–1): The initial
compliance time is the later of the times
specified in paragraphs (f)(3)(i) and (f)(3)(ii)
of this AD. Thereafter, the task titled
‘‘Detailed visual inspection of the fuel tanks
and associated equipment, wiring, piping
and braids’’ must be accomplished at the
repetitive interval specified in Section 4.
‘‘Critical Design Configuration Control List,’’
of the Airworthiness Limitations Section of
the Time Limits Section of Part 1 of the
ATR42–200/–300/–320 MRBR, Revision 7,
dated March 31, 2006; the ATR 42–400/–500
MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March
26, 2007; as applicable.
(i) Within 144 months since the date of
issuance of the original French standard
airworthiness certificate or the date of
issuance of the original French export
certificate of airworthiness.
(ii) Within 72 months or 20,000 flight
hours after the effective date of this AD,
whichever occurs first.
(4) Except as provided by paragraph (g) of
this AD: After accomplishing the actions
specified in paragraphs (f)(1) and (f)(2) of this
AD, no alternative inspection, inspection
intervals, or CDCCLs may be used.
FAA AD Differences
Note 2: 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 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,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 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.
(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.
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Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Airworthiness
Directive 2006–0219R1, dated June 29, 2007,
and the service information identified in
Table 1 of this AD, for related information.
TABLE 1.—SERVICE INFORMATION
Revision
level
Document
Time Limits Section of Part 1 of the ATR42–200/–300/–320 Maintenance Review Board Report ...........................
Time Limits Section of Part 1 of the ATR42–400/–500 Maintenance Review Board Report ....................................
Time Limits Section of Part 1 of the ATR72 Maintenance Review Board Report .....................................................
Issued in Renton, Washington, on
September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–19201 Filed 9–27–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29331; Directorate
Identifier 2007–NM–136–AD]
RIN 2120–AA64
Airworthiness Directives; Saab Model
SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
pwalker on PROD1PC71 with PROPOSALS
A crack has been found in an axle adaptor
during fatigue testing. It was found that the
internal edges of the dowel holes did not
have the correct radius and the crack had
developed from the edge of one of the dowel
holes.
A crack in the axle adaptor can cause the
axle adaptor to fail and ultimately lead to
loss of the wheels and total loss of brake
capability.
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 October 29, 2007.
ADDRESSES: You may send comments by
any of the following methods:
VerDate Aug<31>2005
17:39 Sep 27, 2007
Jkt 211001
• DOT Docket Web Site: Go to https://
dms.dot.gov and follow the instructions
for sending your comments
electronically.
• 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: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.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:
Mike Borfitz, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2677;
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–2007–29331; Directorate Identifier
2007–NM–136–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
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7
6
8
Date
March 31, 2006.
March 26, 2007.
March 26, 2007.
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 https://
dms.dot.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 2006–0263,
dated August 29, 2006 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
A crack has been found in an axle adaptor
during fatigue testing. It was found that the
internal edges of the dowel holes did not
have the correct radius and the crack had
developed from the edge of one of the dowel
holes.
A crack in the axle adaptor can cause the
axle adaptor to fail and ultimately lead to
loss of the wheels and total loss of brake
capability.
The corrective action includes doing
repetitive ultrasonic inspections to
detect cracking in the axle adaptor;
replacing the axle adaptor if necessary;
and ultimately doing the terminating
action of inspecting and modifying the
main landing gear (MLG) shock strut
and axle adaptors. The inspection is a
crack test. The modification includes
measuring the dowel hole, and
corrective actions if necessary (replacing
the axle adaptor, repairing the dowel
hole) and, when accomplished,
terminates the repetitive inspection
requirements. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
Saab has issued Service Bulletin 340–
32–133, Revision 01, dated May 3, 2006.
APPH Limited has issued APPH Service
Bulletin AIR83064–32–12, Revision 3,
dated April 26, 2006; and AIR83022–
32–32, Revision 3, dated April 26, 2006.
E:\FR\FM\28SEP1.SGM
28SEP1
]]>Agencies
[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Proposed Rules]
[Pages 55113-55116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19201]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29332; Directorate Identifier 2007-NM-172-AD]
RIN 2120-AA64
Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
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:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an ``unsafe condition'' * * *. These are identified
in Failure Conditions for which an unacceptable probability of
ignition risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
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 October 29,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
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: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.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, FAA, Transport Airplane Directorate,
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-2007-
29332; Directorate Identifier 2007-NM-172-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 https://
dms.dot.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 2006-0219R1, dated June 29, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulations)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert--policy--statements--en.html ) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new
limitations for fuel tank systems. You may obtain further information
by examining the MCAI in the AD docket.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank
[[Page 55114]]
systems. As a result of those findings, we issued a regulation titled
``Transport Airplane Fuel Tank System Design Review, Flammability
Reduction and Maintenance and Inspection Requirements'' (66 FR 23086,
May 7, 2001). In addition to new airworthiness standards for transport
airplanes and new maintenance requirements, this rule included Special
Federal Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and
subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Relevant Service Information
ATR has issued the Time Limits Section of Part 1 of the ATR42-200/-
300/-320 Maintenance Review Board Report (MRBR), Revision 7, dated
March 31, 2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26,
2007; and the ATR 72 MRBR, Revision 8, dated March 26, 2007. 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 84 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $6,720, or $80 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, 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.
[[Page 55115]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
ATR-GIE Avions De Transport Regional (Formerly Aerospatiale): Docket
No. FAA-2007-29332; Directorate Identifier 2007-NM-172-AD.
Comments Due Date
(a) We must receive comments by October 29, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all ATR Model ATR42-200, -300, -320, and
-500 airplanes; and all ATR Model ATR72-101, -201, -102, -202, -211,
-212, and -212A airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/cert--policy--statements--en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an 'unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 3 months after the effective date of this AD or
before December 16, 2008, whichever occurs first, revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate Task 28.10.00 ``Fuel Tank--
General,'' and Task 28.20.00 ``Distribution,'' of the Certification
Maintenance Requirements (CMR) Time Limits Section of Part 1 of the
ATR-42-200/-300/-320 Maintenance Review Board Report (MRBR),
Revision 7, dated March 31, 2006; the ATR 42-400/-500 MRBR, Revision
6, dated March 26, 2007; or the ATR 72 MRBR, Revision 8, dated March
26, 2007; as applicable. For all tasks identified in the applicable
MRBR, the initial compliance times start from the later of the times
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, except
as provided by paragraph (f)(3) of this AD. The repetitive
inspections must be accomplished thereafter at the interval
specified in the applicable MRBR.
(i) The effective date of this AD.
(ii) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.
(2) Within 3 months after the effective date of this AD or
before December 16, 2008, whichever occurs first, revise the ALS of
the Instructions for Continued Airworthiness to incorporate the
CDCCLs as defined in Section 4. ``Critical Design Configuration
Control List,'' of the Airworthiness Limitations section of the Time
Limits Section of Part 1 of the ATR42-200/-300/-320 Maintenance
Review Board Report (MRBR), Revision 7, dated March 31, 2006; the
ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or the ATR
72 MRBR, Revision 8, dated March 26, 2007; as applicable.
(3) For the task titled ``Detailed visual inspection of the fuel
tanks and associated equipment, wiring, piping and braids'' (CMR
(Certification Maintenance Requirements) task reference 28.10.00-1):
The initial compliance time is the later of the times specified in
paragraphs (f)(3)(i) and (f)(3)(ii) of this AD. Thereafter, the task
titled ``Detailed visual inspection of the fuel tanks and associated
equipment, wiring, piping and braids'' must be accomplished at the
repetitive interval specified in Section 4. ``Critical Design
Configuration Control List,'' of the Airworthiness Limitations
Section of the Time Limits Section of Part 1 of the ATR42-200/-300/-
320 MRBR, Revision 7, dated March 31, 2006; the ATR 42-400/-500
MRBR, Revision 6, dated March 26, 2007; or the ATR 72 MRBR, Revision
8, dated March 26, 2007; as applicable.
(i) Within 144 months since the date of issuance of the original
French standard airworthiness certificate or the date of issuance of
the original French export certificate of airworthiness.
(ii) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
(4) Except as provided by paragraph (g) of this AD: After
accomplishing the actions specified in paragraphs (f)(1) and (f)(2)
of this AD, no alternative inspection, inspection intervals, or
CDCCLs may be used.
FAA AD Differences
Note 2: 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 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, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 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.
(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.
[[Page 55116]]
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0219R1, dated June 29, 2007, and the
service information identified in Table 1 of this AD, for related
information.
Table 1.--Service Information
------------------------------------------------------------------------
Revision
Document level Date
------------------------------------------------------------------------
Time Limits Section of Part 1 of 7 March 31, 2006.
the ATR42-200/-300/-320
Maintenance Review Board Report.
Time Limits Section of Part 1 of 6 March 26, 2007.
the ATR42-400/-500 Maintenance
Review Board Report.
Time Limits Section of Part 1 of 8 March 26, 2007.
the ATR72 Maintenance Review
Board Report.
------------------------------------------------------------------------
Issued in Renton, Washington, on September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-19201 Filed 9-27-07; 8:45 am]
BILLING CODE 4910-13-P
