Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes, 71286-71289 [E7-24382]

Download as PDF 71286 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules or MRBR zonal task ZL–540–02–1 or ZL– 540–02–2 (for MRBR since Revision 8) have already been performed before the effective date of this AD, and for which it cannot be substantiated that access panels 540CZ, 540DZ, 640CZ and 640DZ were removed for inspection. This AD does not apply to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD. (1) Airplanes on which zonal tasks ZL– 540–02–1 and ZL–540–02–2 (or ZL–540–02 and ZL–640–02) have been performed in accordance with airplane maintenance manual (AMM) 05–25–40 at August 2001 revision or later revision. (2) Airplanes on which one of the following Airworthiness Limitation Items (ALI)/MRBR tasks have been performed: 572004–01–X, 572004–03–X; 572020–01–X, 572020–02–X; 572027–01–X, 572027–03–X; 572053–01–X, 572053–02–X; 572060–02–X; or 572061–02–X; where X represents the task applicability index. (3) Airplanes delivered after March 27, 2007. Note 1: Up to MRBR Revision 7, ZL–540– 02 covered Zone 540 and ZL–640–02 covered Zone 640. Since MRBR Revision 8, ZL–540– 02–1 or ZL–540–02–2 also cover the corresponding RH wing zone (Zone 640). Subject (d) Air Transport Association (ATA) of America Code 57: Wings. ebenthall on PROD1PC69 with PROPOSALS Reason (e) The mandatory continuing airworthiness information (MCAI) states: During planned maintenance visit on two aircraft, corrosion was found on the upper surface of the wing lower skin panel N° 1, inside the Right Hand (RH) inboard dry bay. It was discovered that access panels 540CZ, 540DZ, 640CZ and 640DZ had been omitted from the access requirements of the associated AMM (aircraft maintenance manual) task (AMM 05–25–40) until the August 2001 revision. The result is that some ZL–540–02–1 or ZL–540–02–2 (or ZL–540–02 and ZL–640– 02) inspections may have not been fully accomplished due to non-removal of panels 540CZ, 540DZ, 640CZ and 640DZ. If the area has not been inspected with the correct access, and if AIRBUS Service Bulletin (SB) A320–57–1121 has not been performed, then some aircraft could remain insufficiently inspected until the next scheduled inspection. This may result in a high risk of corrosion findings greater than level 1. Corrosion findings greater than level 1 in the wing could result in reduced structural integrity of the airplane. The corrective actions include an inspection for corrosion in the wing tank dry bay, and repair if necessary. Actions and Compliance (f) Unless already done, do the following actions. Within 14 months after the effective date of this AD, perform a detailed visual inspection of the wing tank dry bay to detect corrosion and if any corrosion is found, before further flight, contact Airbus for repair instructions and repair. Do all applicable VerDate Aug<31>2005 15:26 Dec 14, 2007 Jkt 214001 actions in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–57–1121, dated October 9, 2002. Another approved method for doing the detailed inspection and applicable corrective actions is the accomplishment of one of the following ALI/ MRBR tasks: 572004–01–X, 572004–03–X; 572020–01–X, 572020–02–X; 572027–01–X, 572027–03–X; 572053–01–X, 572053–02–X; 572060–02–X; or 572061–02–X; and ZL–540– 02–X if panels 540CZ, 540DZ, 640CZ, and 640DZ panels have been removed; where X represents the task applicability index. 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 Manager, Transport Airplane Directorate, International Branch, ANM–116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tim Dulin, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–2141; 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 FAAapproved 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. Related Information (h) Refer to MCAI EASA Airworthiness Directive 2007–0064R1, dated September 21, 2007, and Airbus Service Bulletin A320–57– 1121, dated October 9, 2002, for related information. Issued in Renton, Washington, on December 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–24332 Filed 12–14–07; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0334; Directorate Identifier 2007–NM–206–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: [T]he FAA has published a set of new rules related to the fuel tank safety, including the Special Federal Aviation Regulation 88 (SFAR 88). The JAA (Joint Aviation Authority) has issued an Interim Policy JAA INT/POL 25/12, to recommend the application of a similar requirement to the National Aviation Authorities (NAA) [of Europe]. * * * * * * * * ATR carried out a safety review on the fuel tank systems and zones adjacent to the fuel tanks on all ATR models * * *. * * * * * The unsafe condition is 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. 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 January 16, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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 E:\FR\FM\17DEP1.SGM 17DEP1 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2007–0334; Directorate Identifier 2007–NM–206–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:// 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. ebenthall on PROD1PC69 with PROPOSALS 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 2007–0226, dated August 24, 2006 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: [T]he FAA has published a set of new rules related to the fuel tank safety, including the Special Federal Aviation Regulation 88 (SFAR 88). The JAA (Joint Aviation Authority) has issued an Interim Policy JAA INT/POL 25/12, to recommend the application of a similar requirement to the National Aviation Authorities (NAA) [of Europe]. VerDate Aug<31>2005 15:26 Dec 14, 2007 Jkt 214001 This recommendation was followed by French DGAC, which rendered the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft. Under this regulation, all holders of type certificates are required to conduct a design review of their fuel tank systems against explosion risk. It also requires the development and implementation of maintenance and inspection instructions to maintain the safety of the fuel tank system. To answer JAA INT/POL 25/12, and in accordance with SFAR 88 requirements and guideline, ATR carried out a safety review on the fuel tank systems and zones adjacent to the fuel tanks on all ATR models using relevant safety assessment methods of JAR 35.1309. As a result of this safety review, ATR developed for ATR 42 the modification 05355 (SB (service bulletin) ATR42–28– 0039), and for ATR 72 the modification 05356 (SB ATR72–28–1019). Those modifications consist in the installation of fuses adapters on wiring entering the fuel tanks and current limitation devices. For ATR 72 aircraft, the modification also requires replacement of the high level sensors with new sensors having shorter harness. The modification also includes related investigative and corrective actions, which include inspecting the electrical harness for correct installation and adjusting the harness as necessary, and, for Model ATR42 airplanes, inspecting the bonding strap for correct installation and adjusting the bonding strap. 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 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 71287 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 Service Bulletins ATR42–28–0039, Revision 04, dated June 12, 2007; and ATR72–28–1019, Revision 05, dated June 12, 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 E:\FR\FM\17DEP1.SGM 17DEP1 71288 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules 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. 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. 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. 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. ebenthall on PROD1PC69 with PROPOSALS Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 55 products of U.S. registry. We also estimate that it would take about 150 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 $23,000 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 $1,925,000, or $35,000 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 VerDate Aug<31>2005 15:26 Dec 14, 2007 Jkt 214001 Regulatory Findings 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. § 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–2007–0334; Directorate Identifier 2007–NM–206–AD. Comments Due Date (a) We must receive comments by January 16, 2008. Affected ADs (b) None. Applicability (c) This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 (1) ATR Model ATR42–200, –300, –320, and –500 airplanes, certificated in any category, serial numbers 1 through 642. (2) ATR Model ATR72–101, –201, –102, –202, –211, –212, and –212A airplanes, certificated in any category, serial numbers 1 through 724. Subject (d) Air Transport Association (ATA) of America Code 28: Fuel. Reason (e) The mandatory continuing airworthiness information (MCAI) states: [T]he FAA has published a set of new rules related to the fuel tank safety, including the Special Federal Aviation Regulation 88 (SFAR 88). The JAA (Joint Aviation Authority) has issued an Interim Policy JAA INT/POL 25/12, to recommend the application of a similar requirement to the National Aviation Authorities (NAA) [of Europe]. This recommendation was followed by French DGAC, which rendered the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft. Under this regulation, all holders of type certificates are required to conduct a design review of their fuel tank systems against explosion risk. It also requires the development and implementation of maintenance and inspection instructions to maintain the safety of the fuel tank system. To answer JAA INT/POL 25/12, and in accordance with SFAR 88 requirements and guidelines, ATR carried out a safety review on the fuel tank systems and zones adjacent to the fuel tanks on all ATR models using relevant safety assessment methods of JAR 35.1309. As a result of this safety review, ATR developed for ATR 42 the modification 05355 (SB (service bulletin) ATR42–28– 0039), and for ATR 72 the modification 05356 (SB ATR72–28–1019). Those modifications consist in the installation of fuses adapters on wiring entering the fuel tanks and current limitation devices. For ATR 72 aircraft, the modification also requires replacement of the high level sensors with new sensors having shorter harness. The modification also includes related investigative and corrective actions, which include inspecting the electrical harness for correct installation and adjusting the harness as necessary, and, for Model ATR42 airplanes, inspecting the bonding strap for correct installation and adjusting the bonding strap. The unsafe condition is 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. Actions and Compliance (f) Within 41 months after the effective date of this AD, unless already done, modify the fuel system and do all applicable related investigative and corrective actions according to the instructions given by the applicable service bulletin listed in Table 1 of this AD. Do all applicable related investigative and corrective actions before further flight. E:\FR\FM\17DEP1.SGM 17DEP1 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Proposed Rules Actions accomplished before the effective date of this AD in accordance with Avions de Transport Regional Service Bulletin ATR42–28–0039, Revision 03, dated November 15, 2006, are considered 71289 acceptable for compliance with the corresponding action specified in this AD. TABLE 1.—SERVICE INFORMATION Avions de Transport Regional Service Bulletin Revision level ATR42–28–0039 (for Model ATR42 Airplanes) ................................................................................................... ATR72–28–1019 (for Model ATR72 Airplanes) ................................................................................................... 04 05 FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: The additional actions specified in the MCAI for operators that have done actions in accordance with previous issues of the service bulletins are not complete. Therefore, this AD only refers to ATR Service Bulletin ATR42–28–0039, Revision 03, dated November 15, 2006; Revision 04, dated June 12, 2007; and ATR72–28–1019, Revision 05, dated June 12, 2007; as appropriate sources of service information for accomplishing the required actions. Operators that have done actions in accordance with previous issues of the service bulletins may request an approval for an alternative method of compliance (AMOC) according to paragraph (g) of this AD, provided that the AMOC provides an acceptable level of safety. 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 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 Date June 12, 2007. June 12, 2007. 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. Related Information (h) Refer to MCAI EASA Airworthiness Directive 2007–0226, dated August 24, 2007, and the service information listed in Table 2 of this AD, for related information. TABLE 2.—RELATED SERVICE INFORMATION Avions de Transport Regional Service Bulletin Revision level ATR42–28–0039 ................................................................................................................................................... ATR72–28–1019 ................................................................................................................................................... 04 05 Issued in Renton, Washington, on December 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–24382 Filed 12–14–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Parts 4 and 9 [Notice No. 79; Re: Notice No. 77] ebenthall on PROD1PC69 with PROPOSALS RIN 1513–AA92 Proposed Establishment of the Calistoga Viticultural Area; Comment Period Extension Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: VerDate Aug<31>2005 15:26 Dec 14, 2007 Jkt 214001 SUMMARY: In response to industry member requests, we are extending the comment period for Notice No. 77, Proposed Establishment of the Calistoga Viticultural Area, a notice of proposed rulemaking published in the Federal Register on November 20, 2007, for an additional 90 days. DATES: Written comments on Notice No. 77 must now be received on or before March 20, 2008. ADDRESSES: You may send comments on Notice No. 77 to one of the following addresses: • https://www.regulations.gov (Federal e-rulemaking portal; follow the instructions for submitting comments); or • Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044–4412. You may view copies of this notice, Notice No. 77, and any comments we receive about the proposals described in Notice No. 77 under Docket No. TTB– 2007–0067 on the Regulations.gov Web site at https://www.regulations.gov. A PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Date June 12, 2007. June 12, 2007. link to Docket No. TTB–2007–0067 is also available on the TTB Web site at https://www.ttb.gov/regulations_laws/ all_rulemaking.shtml, within the entry for Notice No. 77. In addition, you may view copies of the same materials described above by appointment at the TTB Information Resource Center, 1310 G Street, NW., Washington, DC 20220. To make an appointment, call (202) 927–2400. FOR FURTHER INFORMATION CONTACT: Amy R. Greenberg, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., Suite 200E, Washington, DC 20220; telephone 202–927–8210; or email Amy.Greenberg@ttb.gov. SUPPLEMENTARY INFORMATION: On March 31, 2005, the Alcohol and Tobacco Tax and Trade Bureau (TTB) published a notice of proposed rulemaking in the Federal Register regarding the establishment of the Calistoga viticultural area (see Notice No. 36, 70 FR 16451). In light of comments regarding the potential adverse impact on established brand names that we E:\FR\FM\17DEP1.SGM 17DEP1

Agencies

[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71286-71289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0334; Directorate Identifier 2007-NM-206-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:

    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
* * * * *
    * * * ATR carried out a safety review on the fuel tank systems 
and zones adjacent to the fuel tanks on all ATR models * * *.
* * * * *
The unsafe condition is 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. 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 January 16, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
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

[[Page 71287]]

p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0334; 
Directorate Identifier 2007-NM-206-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://
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 2007-0226, dated August 24, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered 
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are 
required to conduct a design review of their fuel tank systems 
against explosion risk. It also requires the development and 
implementation of maintenance and inspection instructions to 
maintain the safety of the fuel tank system. To answer JAA INT/POL 
25/12, and in accordance with SFAR 88 requirements and guideline, 
ATR carried out a safety review on the fuel tank systems and zones 
adjacent to the fuel tanks on all ATR models using relevant safety 
assessment methods of JAR 35.1309.
    As a result of this safety review, ATR developed for ATR 42 the 
modification 05355 (SB (service bulletin) ATR42-28-0039), and for 
ATR 72 the modification 05356 (SB ATR72-28-1019). Those 
modifications consist in the installation of fuses adapters on 
wiring entering the fuel tanks and current limitation devices. For 
ATR 72 aircraft, the modification also requires replacement of the 
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective 
actions, which include inspecting the electrical harness for correct 
installation and adjusting the harness as necessary, and, for Model 
ATR42 airplanes, inspecting the bonding strap for correct installation 
and adjusting the bonding strap. 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 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 Service Bulletins ATR42-28-0039, Revision 04, dated 
June 12, 2007; and ATR72-28-1019, Revision 05, dated June 12, 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

[[Page 71288]]

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 55 products of U.S. registry. We also estimate that 
it would take about 150 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 $23,000 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 $1,925,000, or $35,000 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.


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. FAA-2007-0334; Directorate Identifier 2007-NM-206-AD.

Comments Due Date

    (a) We must receive comments by January 16, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) ATR Model ATR42-200, -300, -320, and -500 airplanes, 
certificated in any category, serial numbers 1 through 642.
    (2) ATR Model ATR72-101, -201, -102, -202, -211, -212, and -212A 
airplanes, certificated in any category, serial numbers 1 through 
724.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered 
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are 
required to conduct a design review of their fuel tank systems 
against explosion risk. It also requires the development and 
implementation of maintenance and inspection instructions to 
maintain the safety of the fuel tank system. To answer JAA INT/POL 
25/12, and in accordance with SFAR 88 requirements and guidelines, 
ATR carried out a safety review on the fuel tank systems and zones 
adjacent to the fuel tanks on all ATR models using relevant safety 
assessment methods of JAR 35.1309.
    As a result of this safety review, ATR developed for ATR 42 the 
modification 05355 (SB (service bulletin) ATR42-28-0039), and for 
ATR 72 the modification 05356 (SB ATR72-28-1019). Those 
modifications consist in the installation of fuses adapters on 
wiring entering the fuel tanks and current limitation devices. For 
ATR 72 aircraft, the modification also requires replacement of the 
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective 
actions, which include inspecting the electrical harness for correct 
installation and adjusting the harness as necessary, and, for Model 
ATR42 airplanes, inspecting the bonding strap for correct 
installation and adjusting the bonding strap. The unsafe condition 
is 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.

Actions and Compliance

    (f) Within 41 months after the effective date of this AD, unless 
already done, modify the fuel system and do all applicable related 
investigative and corrective actions according to the instructions 
given by the applicable service bulletin listed in Table 1 of this 
AD. Do all applicable related investigative and corrective actions 
before further flight.

[[Page 71289]]

Actions accomplished before the effective date of this AD in 
accordance with Avions de Transport Regional Service Bulletin ATR42-
28-0039, Revision 03, dated November 15, 2006, are considered 
acceptable for compliance with the corresponding action specified in 
this AD.

                      Table 1.--Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        Service Bulletin          Revision level           Date
------------------------------------------------------------------------
ATR42-28-0039 (for Model ATR42               04   June 12, 2007.
 Airplanes).
ATR72-28-1019 (for Model ATR72               05   June 12, 2007.
 Airplanes).
------------------------------------------------------------------------

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The additional actions specified in the MCAI for 
operators that have done actions in accordance with previous issues 
of the service bulletins are not complete. Therefore, this AD only 
refers to ATR Service Bulletin ATR42-28-0039, Revision 03, dated 
November 15, 2006; Revision 04, dated June 12, 2007; and ATR72-28-
1019, Revision 05, dated June 12, 2007; as appropriate sources of 
service information for accomplishing the required actions. 
Operators that have done actions in accordance with previous issues 
of the service bulletins may request an approval for an alternative 
method of compliance (AMOC) according to paragraph (g) of this AD, 
provided that the AMOC provides an acceptable level of safety.

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 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.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0226, dated 
August 24, 2007, and the service information listed in Table 2 of 
this AD, for related information.

                  Table 2.--Related Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        Service Bulletin          Revision level           Date
------------------------------------------------------------------------
ATR42-28-0039..................              04   June 12, 2007.
ATR72-28-1019..................              05   June 12, 2007.
------------------------------------------------------------------------


    Issued in Renton, Washington, on December 10, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-24382 Filed 12-14-07; 8:45 am]
BILLING CODE 4910-13-P

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