Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes, 9663-9666 [E8-3188]
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Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
Related Information
(h) Refer to MCAI Canadian Airworthiness
Directive CF–2007–23, dated October 18,
2007, and Bombardier Service Bulletin 601R–
28–054, Revision A, dated August 7, 2006,
for related information.
Material Incorporated by Reference
(i) You must use Bombardier Service
Bulletin 601R–28–054, Revision A, dated
August 7, 2006, to do the actions required by
this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9,
Canada.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–3070 Filed 2–21–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
RIN 2120–AA64
Airworthiness Directives; ATR Model
ATR42 and ATR72 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
[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).
14:24 Feb 21, 2008
Jkt 214001
*
*
*
*
*
* * * 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. We are issuing this AD to
require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective
March 28, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 28, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
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:
Discussion
[Docket No. FAA–2007–0334; Directorate
Identifier 2007–NM–206–AD; Amendment
39–15385; AD 2008–04–13]
VerDate Aug<31>2005
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].
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on December 17, 2007 (72 FR
71286). That NPRM proposed 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
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Fmt 4700
Sfmt 4700
9663
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
25.1309.
As a result of this safety review, ATR
developed for ATR 42 the modification
05355 (SB (service bulletin) ATR 42–28–
0039), and for ATR 72 the modification
05356 (SB ATR 72–28–1019). 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 ATR 42 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. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
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 required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
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9664
Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
Costs of Compliance
We estimate that this AD will affect
about 55 products of U.S. registry. We
also estimate that it will take about 150
work-hours per product to comply with
the basic requirements of this AD. The
average labor rate is $80 per work-hour.
Required parts will 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 parts. 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
this AD to the 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.
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Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
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.
VerDate Aug<31>2005
14:24 Feb 21, 2008
Jkt 214001
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–04–13 ATR—GIE Avions de
Transport Regional (formerly
Aerospatiale): Amendment 39–15385.
Docket No. FAA–2007–0334; Directorate
Identifier 2007–NM–206–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective March 28, 2008.
Affected ADs
(b) None.
(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.
Frm 00010
(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
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
25.1309.
As a result of this safety review, ATR
developed for ATR 42 the modification
05355 (SB (service bulletin) ATR 42–28–
0039), and for ATR 72 the modification
05356 (SB ATR 72–28–1019). 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
Applicability
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Reason
Fmt 4700
Sfmt 4700
(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.
Actions accomplished before the effective
date of this AD in accordance with Avions
de Transport Regional Service Bulletin ATR
42–28–0039, Revision 03, dated November
15, 2006, are considered acceptable for
compliance with the corresponding action
specified in this AD.
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Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
9665
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) .................................................................................................
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 Avions de Transport
Regional Service Bulletins ATR 42–28–0039,
Revision 03, dated November 15, 2006;
Revision 04, dated June 12, 2007; and ATR
72–28–1019, 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
04
05
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 .................................................................................................................................................
Material Incorporated by Reference
(i) You must use Avions de Transport
Regional Service Bulletin ATR42–28–0039,
Revision 04, dated June 12, 2007; or Avions
de Transport Regional Service Bulletin
ATR72–28–1019, Revision 05, dated June 12,
2007; as applicable; to do the actions
required by this AD, unless the AD specifies
Date
04
05
June 12, 2007.
June 12, 2007.
otherwise. Avions de Transport Regional
Service Bulletin ATR42–28–0039, Revision
04, dated June 12, 2007, contains the
following effective pages:
Page Nos.
Revision level
shown on page
Date
shown on page
1–6, 8–10, 16–18, 45–48, 92, 93 ........................................................................................................
7, 11, 51 ..............................................................................................................................................
12–15, 19–26, 31, 32, 39, 40, 67, 68, 79, 80, 91 ...............................................................................
27–30, 33–38, 41–44, 49, 50, 53–66, 69–78, 81–90 .........................................................................
52 .........................................................................................................................................................
04 .............................
1 ...............................
03 .............................
Original ....................
02 .............................
June 12, 2007.
February 28, 2006.
November 15, 2006.
August 1, 2005.
August 10, 2006.
Page No.
Revision level
shown on page
Date
shown on page
1–8, 13–15, 18, 37, 38, 66 ..................................................................................................................
9, 51, 52 ..............................................................................................................................................
10–12, 17, 21–36, 39–48, 53, 54, 57, 58, 61–64 ...............................................................................
16, 65 ..................................................................................................................................................
19, 20, 49, 50, 55, 56, 59, 60 .............................................................................................................
05 .............................
1 ...............................
Original ....................
02 .............................
03 .............................
June 12, 2007.
February 28, 2006.
August 1, 2005.
August 10, 2006.
September 29, 2006.
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Avions de Transport Regional Service
Bulletin ATR72–28–1019, Revision 05, dated
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
VerDate Aug<31>2005
14:24 Feb 21, 2008
Jkt 214001
June 12, 2007, contains the following
effective pages:
(2) For service information identified in
this AD, contact ATR, 316 Route de Bayonne,
31060 Toulouse, Cedex 03, France.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
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National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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9666
Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
Issued in Renton, Washington, on February
13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–3188 Filed 2–21–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28381; Directorate
Identifier 2006–NM–164–AD; Amendment
39–15383; AD 2008–04–11]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 707 Airplanes, and Model 720
and 720B Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model 707 airplanes, and Model
720 and 720B series airplanes. This AD
requires revising the FAA-approved
maintenance program by incorporating
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. This AD also requires the
initial performance of certain repetitive
AWL inspections to phase in those
inspections, and repair if necessary.
This AD results from a design review of
the fuel tank systems. We are issuing
this AD to prevent the potential for
ignition sources inside fuel tanks caused
by latent failures, alterations, repairs, or
maintenance actions, which, in
combination with flammable fuel
vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
This AD becomes effective
March 28, 2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of March 28, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
DATES:
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
VerDate Aug<31>2005
14:24 Feb 21, 2008
Jkt 214001
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Kathrine Rask, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6505; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to all Boeing Model 707 airplanes,
and Model 720 and 720B series
airplanes. That NPRM was published in
the Federal Register on July 3, 2007 (72
FR 36370). That NPRM proposed to
require revising the FAA-approved
maintenance program by incorporating
new airworthiness limitations (AWLs)
for fuel tank systems to satisfy Special
Federal Aviation Regulation No. 88
requirements. That NPRM also proposed
to require the initial performance of
certain repetitive AWL inspections to
phase in those inspections, and repair if
necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comment received.
Changes Made to This AD
For standardization purposes, we
have revised this AD in the following
ways:
• We have added a new paragraph (i)
to this AD to specify that no alternative
inspections, inspection intervals, or
critical design configuration control
limitations (CDCCLs) may be used
unless they are part of a later approved
revision of Boeing 707/720
Airworthiness Limitations (AWLs)
Document D6–7552–AWL, dated March
2006, or unless they are approved as an
alternative method of compliance
(AMOC). Inclusion of this paragraph in
the AD is intended to ensure that the
AD-mandated airworthiness limitations
changes are treated the same as the
airworthiness limitations issued with
the original type certificate.
• We have simplified the language in
Note 1 of this AD to clarify that an
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Fmt 4700
Sfmt 4700
operator must request approval for an
AMOC if an operator cannot accomplish
the required inspections because an
airplane has been previously modified,
altered, or repaired in the areas
addressed by the required inspections.
Request To Change Wording in Note 1
of the NPRM
Boeing requests that we change the
wording in Note 1 of the NPRM as
follows:
• Change ‘‘new inspections and
maintenance actions’’ to include the
words ‘‘according to paragraph (g)’’ after
‘‘actions.’’
• Change ‘‘the operator must request
approval for revision to the
airworthiness limitations’’ to ‘‘the
operator must request approval for
deviation from the airworthiness
limitations.’’
• Remove ‘‘as applicable’’ from the
last sentence of the note and change the
paragraph reference from ‘‘paragraph (g)
or (i)’’ to ‘‘paragraph (i).’’
Boeing explains that the current
wording is difficult to follow.
As stated previously, we have
simplified the language in Note 1 of this
AD for standardization with other
similar ADs. The language the
commenter requests we change does not
appear in the revised note; therefore, no
additional change to this AD is
necessary in this regard.
Credit for Prior Accomplishment of
AWL 28–AWL–01
We have added a statement to
paragraph (h) of this AD specifying that
accomplishment of AWL 28–AWL–01 as
part of an FAA-approved maintenance
program prior to the later of the times
specified in paragraphs (h)(1) and (h)(2)
of this AD constitutes compliance with
the requirements of paragraph (h).
Conclusion
We have carefully reviewed the
available data, including the comment
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
There are about 213 airplanes of the
affected design in the worldwide fleet.
This AD affects about 76 airplanes of
U.S. registry. The required actions take
about 8 work hours per airplane, at an
average labor rate of $80 per work hour.
Based on these figures, the estimated
cost of the AD for U.S. operators is
$48,640, or $640 per airplane.
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]]>Agencies
[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Rules and Regulations]
[Pages 9663-9666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3188]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0334; Directorate Identifier 2007-NM-206-AD;
Amendment 39-15385; AD 2008-04-13]
RIN 2120-AA64
Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
[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. We
are issuing this AD to require actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective March 28, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 28,
2008.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 17, 2007
(72 FR 71286). That NPRM proposed 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 25.1309.
As a result of this safety review, ATR developed for ATR 42 the
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for
ATR 72 the modification 05356 (SB ATR 72-28-1019). 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 ATR
42 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. You may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
[[Page 9664]]
Costs of Compliance
We estimate that this AD will affect about 55 products of U.S.
registry. We also estimate that it will take about 150 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will 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 parts. 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 this AD to the
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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-04-13 ATR--GIE Avions de Transport Regional (formerly
Aerospatiale): Amendment 39-15385. Docket No. FAA-2007-0334;
Directorate Identifier 2007-NM-206-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective March
28, 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 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 25.1309.
As a result of this safety review, ATR developed for ATR 42 the
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for
ATR 72 the modification 05356 (SB ATR 72-28-1019). 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. Actions accomplished before the effective
date of this AD in accordance with Avions de Transport Regional
Service Bulletin ATR 42-28-0039, Revision 03, dated November 15,
2006, are considered acceptable for compliance with the
corresponding action specified in this AD.
[[Page 9665]]
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 Avions de Transport Regional Service Bulletins ATR 42-28-
0039, Revision 03, dated November 15, 2006; Revision 04, dated June
12, 2007; and ATR 72-28-1019, 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.
------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use Avions de Transport Regional Service Bulletin
ATR42-28-0039, Revision 04, dated June 12, 2007; or Avions de
Transport Regional Service Bulletin ATR72-28-1019, Revision 05,
dated June 12, 2007; as applicable; to do the actions required by
this AD, unless the AD specifies otherwise. Avions de Transport
Regional Service Bulletin ATR42-28-0039, Revision 04, dated June 12,
2007, contains the following effective pages:
----------------------------------------------------------------------------------------------------------------
Page Nos. Revision level shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
1-6, 8-10, 16-18, 45-48, 92, 93....... 04................................. June 12, 2007.
7, 11, 51............................. 1.................................. February 28, 2006.
12-15, 19-26, 31, 32, 39, 40, 67, 68, 03................................. November 15, 2006.
79, 80, 91.
27-30, 33-38, 41-44, 49, 50, 53-66, 69- Original........................... August 1, 2005.
78, 81-90.
52.................................... 02................................. August 10, 2006.
----------------------------------------------------------------------------------------------------------------
Avions de Transport Regional Service Bulletin ATR72-28-1019,
Revision 05, dated June 12, 2007, contains the following effective
pages:
----------------------------------------------------------------------------------------------------------------
Page No. Revision level shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
1-8, 13-15, 18, 37, 38, 66............ 05................................. June 12, 2007.
9, 51, 52............................. 1.................................. February 28, 2006.
10-12, 17, 21-36, 39-48, 53, 54, 57, Original........................... August 1, 2005.
58, 61-64.
16, 65................................ 02................................. August 10, 2006.
19, 20, 49, 50, 55, 56, 59, 60........ 03................................. September 29, 2006.
----------------------------------------------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact ATR,
316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
[[Page 9666]]
Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-3188 Filed 2-21-08; 8:45 am]
BILLING CODE 4910-13-P
