Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes, 10652-10655 [E8-3401]
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10652
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
Affected ADs
(b) None.
Applicability
(c) This AD applies to Fokker Model F.28
Mark 0070 and 0100 airplanes, certificated in
any category, all serial numbers.
FAA AD Differences
Subject
(d) Air Transport Association (ATA) of
America Code 53: Fuselage.
yshivers on PROD1PC62 with RULES
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Reports have been received from Fokker
100 (F28 Mark 0100) operators where the
crew experienced difficulties with roll
control. Analysis suggests that these
phenomena are due to frozen water on the
aileron pulleys that are installed on the
Center Wing Spar and located in the Main
Landing Gear (MLG) wheel bays.
Investigation has confirmed that improper
closure of the aerodynamic seals of the wingto-fuselage fairings above the MLG wheel
bays can cause rainwater, wash-water or deicing fluid to leak onto the affected aileron
pulleys. [The aileron pulleys on Model F.28
Mark 0070 airplanes are identical to those
installed on the Model F.28 Mark 0100
airplanes. Therefore, those Model F.28 Mark
0070 airplanes may be subject to the unsafe
condition revealed on the Model F.28 Mark
0100 airplanes.] This condition, if not
corrected, can lead to further incidents of
frozen water on aileron pulleys during
operation of the aircraft, resulting in
restricted roll control and/or higher control
forces. Since an unsafe condition has been
identified that is likely to exist or develop on
other aircraft of the same type design, this
Airworthiness Directive requires the
inspection of the wing-to-fuselage fairings
and, if necessary, the accomplishment of
appropriate corrective action(s).
The inspection is intended to find
indications of incorrect fit, damage, or wear.
Corrective actions include a related
investigative action (inspecting for incorrect
fit, damage, or wear of the aerodynamic seal
of the fairings, and inspecting for damage or
wear of the abrasion resistant coating on the
mating surface of the fuselage skin), restoring
damaged abrasion-resistant coatings,
correcting fairing positions, and replacing
damaged fairing seals, as applicable.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 12 months after the effective
date of this AD, inspect the wing-to-fuselage
fairings for indications of incorrect fit,
damage or wear, in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–53–101, dated
September 30, 2005.
(i) If no indications of incorrect fit, damage
or wear are found, no further action is
required by this AD.
(ii) If any incorrect fit, damage or wear is
found, before next flight, do related
investigative actions and applicable
corrective actions in accordance with the
Accomplishment Instructions of the service
bulletin.
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(2) When incorrect fit, damage or wear is
found, within 30 days after the inspection or
within 30 days after the effective date of the
AD, whichever occurs later, report the
findings to Fokker Services B.V., Technical
Services Dept., P.O. Box 231, 2150 AE
Nieuw-Vennep, The Netherlands.
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on February
15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3460 Filed 2–27–08; 8:45 am]
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
BILLING CODE 4910–13–P
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, 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.
DEPARTMENT OF TRANSPORTATION
Related Information
(h) Refer to MCAI Dutch Airworthiness
Directive NL–2005–013, dated October 17,
2005, and Fokker Service Bulletin SBF100–
53–101, dated September 30, 2005, for
related information.
Material Incorporated by Reference
(i) You must use Fokker Service Bulletin
SBF100–53–101, dated September 30, 2005,
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 Fokker Services B.V.,
Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, The Netherlands.
(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://
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29332; Directorate
Identifier 2007–NM–172–AD; Amendment
39–15391; AD 2008–04–19]
RIN 2120–AA64
Airworthiness Directives; ATR Model
ATR42 and ATR72 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a
safety review of the aircraft Fuel Tank
System * * *.
*
*
*
*
*
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ * * *.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective April
3, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 3, 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
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1137;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
yshivers on PROD1PC62 with RULES
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 September 28, 2007 (72 FR
55113). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulations) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
inspection tasks and Critical Design
VerDate Aug<31>2005
15:40 Feb 27, 2008
Jkt 214001
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. You
may obtain further information by
examining the MCAI in the AD docket.
Change Made to This AD
For standardization purposes, we
have revised paragraph (f)(4) of this AD
to specify that no alternative
inspections, inspection intervals, or
CDCCLs may be used unless they are
part of a later approved revision of ATR
42–200/–300/–320 Maintenance Review
Board Report (MRBR), Revision 7, dated
March 31, 2006; ATR 42–400/–500
MRBR, Revision 6, dated March 26,
2007; or ATR 72 MRBR, Revision 8,
dated March 26, 2007; as applicable; or
unless they are approved as an
alternative method of compliance.
Inclusion of this paragraph in the AD is
intended to ensure that the ADmandated airworthiness limitations
changes are treated the same as the
airworthiness limitations issued with
the original type certificate.
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 with the change described
previously. We determined that this
change will not increase the economic
burden on any operator or increase the
scope of the AD.
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
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10653
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
about 84 products of U.S. registry. We
also estimate that it will take about 1
work-hour per product to comply with
the basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this AD to the U.S. operators to
be $6,720, or $80 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this 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
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10654
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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
2008–04–19 ATR—GIE Avions de
´
Transport Regional (Formerly
Aerospatiale): Amendment 39–15391.
Docket No. FAA–2007–29332;
Directorate Identifier 2007–NM–172–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 3, 2008.
yshivers on PROD1PC62 with RULES
Affected ADs
(b) None.
Applicability
(c) This AD applies to all ATR Model
ATR42–200, –300, –320, and –500 airplanes;
and all ATR Model ATR72–101, –201, –102,
–202, –211, –212, and –212A airplanes;
certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an
alternative method of compliance according
to paragraph (g) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
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Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations (comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL))
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action is revising the
Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank
systems.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 3 months after the effective date
of this AD, or before December 16, 2008,
whichever occurs first, revise the
Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
to incorporate Task 28.10.00 ‘‘Fuel Tank—
General,’’ and Task 28.20.00 ‘‘Distribution,’’
of the Certification Maintenance
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Requirements (CMR) Section of the Time
Limits Section of Part 1 of the ATR 42–200/
–300/–320 Maintenance Review Board
Report (MRBR), Revision 7, dated March 31,
2006; the ATR 42–400/–500 MRBR, Revision
6, dated March 26, 2007; or the ATR 72
MRBR, Revision 8, dated March 26, 2007; as
applicable. For all tasks identified in the
applicable MRBR, the initial compliance
times start from the later of the times
specified in paragraphs (f)(1)(i) and (f)(1)(ii)
of this AD, except as provided by paragraphs
(f)(3) and (g) of this AD. The repetitive
inspections must be accomplished thereafter
at the interval specified in the applicable
MRBR.
(i) The effective date of this AD.
(ii) The date of issuance of the original
French standard airworthiness certificate or
the date of issuance of the original French
export certificate of airworthiness.
(2) Within 3 months after the effective date
of this AD, or before December 16, 2008,
whichever occurs first, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in Section
4., ‘‘Critical Design Configuration Control
List,’’ of the Airworthiness Limitations
Section of the Time Limits Section of Part 1
of the ATR 42–200/–300/–320 MRBR,
Revision 7, dated March 31, 2006; the ATR
42–400/–500 MRBR, Revision 6, dated March
26, 2007; or the ATR 72 MRBR, Revision 8,
dated March 26, 2007; as applicable.
(3) For the task titled ‘‘Detailed visual
inspection of the fuel tanks and associated
equipment, wiring, piping and braids’’ (CMR
task reference 28.10.00–1): The initial
compliance time is the later of the times
specified in paragraphs (f)(3)(i) and (f)(3)(ii)
of this AD. Thereafter, the task titled
‘‘Detailed visual inspection of the fuel tanks
and associated equipment, wiring, piping
and braids’’ must be accomplished at the
repetitive interval specified in Section 4.,
‘‘Critical Design Configuration Control List,’’
of the Airworthiness Limitations Section of
the Time Limits Section of Part 1 of the ATR
42–200/–300/–320 MRBR, Revision 7, dated
March 31, 2006; the ATR 42–400/–500
MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March
26, 2007; as applicable.
(i) Within 144 months since the date of
issuance of the original French standard
airworthiness certificate or the date of
issuance of the original French export
certificate of airworthiness.
(ii) Within 72 months or 20,000 flight
hours after the effective date of this AD,
whichever occurs first.
(4) After accomplishing the actions
specified in paragraphs (f)(1), (f)(2), and (f)(3)
of this AD, no alternative inspection,
inspection intervals, or CDCCLs may be used
unless the inspections, intervals, or CDCCLs
are part of a later revision of the ATR 42–
200/–300/–320 MRBR, Revision 7, dated
March 31, 2006; ATR 42–400/–500 MRBR,
Revision 6, dated March 26, 2007; or ATR 72
MRBR, Revision 8, dated March 26, 2007; as
applicable; that is approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, or the European
Aviation Safety Agency (EASA) (or its
delegated agent); or unless the inspections,
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
intervals, or CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (g) of this AD.
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) AMOCs: The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAA-
10655
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 2006–0219R1, dated June 29, 2007,
and the service information identified in
Table 1 of this AD, for related information.
TABLE 1.—SERVICE INFORMATION
Revision
level
Document
Time Limits Section of Part 1 of the ATR 42–200/–300/–320 Maintenance Review Board Report .......................
Time Limits Section of Part 1 of the ATR 42–400/–500 Maintenance Review Board Report ................................
Time Limits Section of Part 1 of the ATR 72 Maintenance Review Board Report .................................................
Material Incorporated by Reference
(i) You must use the service information
specified in Table 2 of this AD to do the
Date
7
6
8
March 31, 2006.
March 26, 2007.
March 26, 2007.
actions required by this AD, unless the AD
specifies otherwise.
TABLE 2.—MATERIAL INCORPORATED BY REFERENCE
Revision
level
Document
yshivers on PROD1PC62 with RULES
Time Limits Section of Part 1 of the ATR 42–200/–300/–320 Maintenance Review Board Report .......................
Time Limits Section of Part 1 of the ATR 42–400/–500 Maintenance Review Board Report ................................
Time Limits Section of Part 1 of the ATR 72 Maintenance Review Board Report .................................................
The missing page number for the ‘‘List of
Effective Pages’’ of the Time Limits Section
of Part 1 of the ATR 42–200/–300/–320
Maintenance Review Board Report is 1–LEP.
The ‘‘List of Effective Pages’’ for the Time
Limits Section of Part 1 of the ATR 42–400/
–500 Maintenance Review Board Report
contains a typographical error: The date for
Page 3 should read March 2007. The first
page of the ‘‘Reasons for Revisions’’ section
of the Time Limits Section of Part 1 of the
ATR 72 Maintenance Review Board Report is
incorrectly identified as Page 2–RFR; that
page should be identified as Page 1–RFR.
(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/ibrlocations.html.
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15:40 Feb 27, 2008
Jkt 214001
Issued in Renton, Washington, on February
15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3401 Filed 2–27–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0075; Directorate
Identifier 2007–NM–171–AD; Amendment
39–15390; AD 2008–04–18]
RIN 2120–AA64
Airworthiness Directives; EMBRAER
Model EMB–120, –120ER, –120FC,
–120QC, and –120RT Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Date
7
6
8
March 31, 2006.
March 26, 2007.
March 26, 2007.
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:
It has been found that former revisions of
the Maintenance Review Board Report
(MRBR) of the EMB–120( ) aircraft do not
fully comply with some Critical Design
Configuration Control Limitations (CDCCL)
and Fuel System Limitations (FSL). These
limitations are necessary to preclude ignition
sources in the fuel system, as required by
RBHA–E88/SFAR–88 (Special Federal
Aviation Regulation No. 88).
*
*
*
*
*
The potential of ignition sources, 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.
E:\FR\FM\28FER1.SGM
28FER1
]]>Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10652-10655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29332; Directorate Identifier 2007-NM-172-AD;
Amendment 39-15391; AD 2008-04-19]
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:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 3, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 3,
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
[[Page 10653]]
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, FAA, Transport Airplane Directorate,
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 September 28, 2007
(72 FR 55113). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulations)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to incorporate
new limitations for fuel tank systems. You may obtain further
information by examining the MCAI in the AD docket.
Change Made to This AD
For standardization purposes, we have revised paragraph (f)(4) of
this AD to specify that no alternative inspections, inspection
intervals, or CDCCLs may be used unless they are part of a later
approved revision of ATR 42-200/-300/-320 Maintenance Review Board
Report (MRBR), Revision 7, dated March 31, 2006; ATR 42-400/-500 MRBR,
Revision 6, dated March 26, 2007; or ATR 72 MRBR, Revision 8, dated
March 26, 2007; as applicable; or unless they are approved as an
alternative method of compliance. 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.
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 with the change
described previously. We determined that this change will not increase
the economic burden on any operator or increase the scope of the AD.
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.
Costs of Compliance
We estimate that this AD will affect about 84 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $6,720, or $80 per
product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this 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
[[Page 10654]]
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:
2008-04-19 ATR--GIE Avions de Transport R[eacute]gional (Formerly
Aerospatiale): Amendment 39-15391. Docket No. FAA-2007-29332;
Directorate Identifier 2007-NM-172-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April 3,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all ATR Model ATR42-200, -300, -320, and
-500 airplanes; and all ATR Model ATR72-101, -201, -102, -202, -211,
-212, and -212A airplanes; certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO,
www.easa.eu.int/home/cert_policy_statements_en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations (comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL)) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 3 months after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate Task 28.10.00 ``Fuel Tank--
General,'' and Task 28.20.00 ``Distribution,'' of the Certification
Maintenance Requirements (CMR) Section of the Time Limits Section of
Part 1 of the ATR 42-200/-300/-320 Maintenance Review Board Report
(MRBR), Revision 7, dated March 31, 2006; the ATR 42-400/-500 MRBR,
Revision 6, dated March 26, 2007; or the ATR 72 MRBR, Revision 8,
dated March 26, 2007; as applicable. For all tasks identified in the
applicable MRBR, the initial compliance times start from the later
of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of
this AD, except as provided by paragraphs (f)(3) and (g) of this AD.
The repetitive inspections must be accomplished thereafter at the
interval specified in the applicable MRBR.
(i) The effective date of this AD.
(ii) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.
(2) Within 3 months after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the ALS of
the Instructions for Continued Airworthiness to incorporate the
CDCCLs as defined in Section 4., ``Critical Design Configuration
Control List,'' of the Airworthiness Limitations Section of the Time
Limits Section of Part 1 of the ATR 42-200/-300/-320 MRBR, Revision
7, dated March 31, 2006; the ATR 42-400/-500 MRBR, Revision 6, dated
March 26, 2007; or the ATR 72 MRBR, Revision 8, dated March 26,
2007; as applicable.
(3) For the task titled ``Detailed visual inspection of the fuel
tanks and associated equipment, wiring, piping and braids'' (CMR
task reference 28.10.00-1): The initial compliance time is the later
of the times specified in paragraphs (f)(3)(i) and (f)(3)(ii) of
this AD. Thereafter, the task titled ``Detailed visual inspection of
the fuel tanks and associated equipment, wiring, piping and braids''
must be accomplished at the repetitive interval specified in Section
4., ``Critical Design Configuration Control List,'' of the
Airworthiness Limitations Section of the Time Limits Section of Part
1 of the ATR 42-200/-300/-320 MRBR, Revision 7, dated March 31,
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable.
(i) Within 144 months since the date of issuance of the original
French standard airworthiness certificate or the date of issuance of
the original French export certificate of airworthiness.
(ii) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.
(4) After accomplishing the actions specified in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspection,
inspection intervals, or CDCCLs may be used unless the inspections,
intervals, or CDCCLs are part of a later revision of the ATR 42-200/
-300/-320 MRBR, Revision 7, dated March 31, 2006; ATR 42-400/-500
MRBR, Revision 6, dated March 26, 2007; or ATR 72 MRBR, Revision 8,
dated March 26, 2007; as applicable; that is approved by the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA, or the European Aviation Safety Agency (EASA) (or
its delegated agent); or unless the inspections,
[[Page 10655]]
intervals, or CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (g) of this AD.
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) AMOCs: The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI EASA Airworthiness Directive 2006-0219R1,
dated June 29, 2007, and the service information identified in Table
1 of this AD, for related information.
Table 1.--Service Information
----------------------------------------------------------------------------------------------------------------
Revision
Document level Date
----------------------------------------------------------------------------------------------------------------
Time Limits Section of Part 1 of the ATR 42-200/-300/-320 7 March 31, 2006.
Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 42-400/-500 6 March 26, 2007.
Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 72 Maintenance 8 March 26, 2007.
Review Board Report.
----------------------------------------------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Revision
Document level Date
----------------------------------------------------------------------------------------------------------------
Time Limits Section of Part 1 of the ATR 42-200/-300/-320 7 March 31, 2006.
Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 42-400/-500 6 March 26, 2007.
Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 72 Maintenance 8 March 26, 2007.
Review Board Report.
----------------------------------------------------------------------------------------------------------------
The missing page number for the ``List of Effective Pages'' of
the Time Limits Section of Part 1 of the ATR 42-200/-300/-320
Maintenance Review Board Report is 1-LEP. The ``List of Effective
Pages'' for the Time Limits Section of Part 1 of the ATR 42-400/-500
Maintenance Review Board Report contains a typographical error: The
date for Page 3 should read March 2007. The first page of the
``Reasons for Revisions'' section of the Time Limits Section of Part
1 of the ATR 72 Maintenance Review Board Report is incorrectly
identified as Page 2-RFR; that page should be identified as Page 1-
RFR.
(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.
Issued in Renton, Washington, on February 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3401 Filed 2-27-08; 8:45 am]
BILLING CODE 4910-13-P
