Airworthiness Directives; ATR Model ATR72 Airplanes, 59573-59575 [E8-23982]

Download as PDF Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules Related Information (h) Refer to MCAI Federal Republic of Germany Luftfahrt-Bundesamt AD D–2008– 231, dated July 11, 2008; and AD D–2008– 232, dated July 11, 2008; and Grob Aerospace Service Bulletin No. MSB 315–76/1 and No. 869–27/1 (same document), dated June 23, 2008, for related information. Issued in Kansas City, Missouri, on October 2, 2008. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–23973 Filed 10–8–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 We must receive comments on this proposed AD by November 10, 2008. DATES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: Examining the AD Docket [Docket No. FAA–2008–1081; Directorate Identifier 2008–NM–143–AD] RIN 2120–AA64 Airworthiness Directives; ATR Model ATR72 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: jlentini on PROD1PC65 with PROPOSALS SUMMARY: Incomplete accomplishment instructions in SB [service bulletin] ATR72–27–1059 original issue and Revision 1, failed to mention installation of cotter pins to secure the self locking nuts after re-installation of the modified Pitch Uncoupling Mechanism (PUM), when connecting the elevator control linkage rods to the PUM input levers and the PUM output rods to the elevator bellcranks (on both sides). Because of the non-installation of these four cotter pins, the fail-safe criteria of the design requirements on the pitch control are no longer met. Such a failure could cause the loss of one self locking nut and would result in the loss of pitch control on one side— Captain or First Officer—or the loss of control of one elevator surface. The symmetrical loss of two concerned selflocking nuts could lead to a complete loss of the pitch control. * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. VerDate Aug<31>2005 16:07 Oct 08, 2008 Jkt 217001 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2008–1081; Directorate Identifier 2008–NM–143–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 59573 Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2008–0137–E, dated July 23, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Incomplete accomplishment instructions in SB [service bulletin] ATR72–27–1059 original issue and Revision 1, failed to mention installation of cotter pins to secure the self locking nuts after re-installation of the modified Pitch Uncoupling Mechanism (PUM), when connecting the elevator control linkage rods to the PUM input levers and the PUM output rods to the elevator bellcranks (on both sides). Because of the non-installation of these four cotter pins, the fail-safe criteria of the design requirements on the pitch control are no longer met. Such a failure could cause the loss of one self locking nut and would result in the loss of pitch control on one side— Captain or First Officer—or the loss of control of one elevator surface. The symmetrical loss of two concerned selflocking nuts could lead to a complete loss of the pitch control. For the reasons stated above, this AD requires you to check [for] the presence of the four cotter pins and [perform] their installation if they are found to be missing. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information ATR has issued Avions de Transport Regional Service Bulletin ATR72–27– 1059, Revision 02, dated May 19, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But E:\FR\FM\09OCP1.SGM 09OCP1 59574 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 20 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $3,200, or $160 per product. Authority for This Rulemaking jlentini on PROD1PC65 with PROPOSALS Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 16:07 Oct 08, 2008 Jkt 217001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. 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. VerDate Aug<31>2005 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ´ ATR–GIE Avions De Transport Regional (Formerly Aerospatiale): Docket No. FAA–2008–1081; Directorate Identifier 2008–NM–143–AD. Comments Due Date (a) We must receive comments by November 10, 2008. Affected ADs (b) None. Applicability (c) This AD applies to ATR Model ATR72– 101, –102, –201, –202, –211, –212, and –212A airplanes, all serial numbers, certificated in any category; as identified in paragraphs (c)(1) and (c)(2) of this AD, as applicable. (1) This AD applies to airplanes on which ATR Service Bulletin ATR72–27–1059 was done in service at original issue, dated October 3, 2006, or Revision 01, dated March 14, 2007, except as provided by paragraph (c)(2) of this AD. (2) This AD does not apply to airplanes on which Revision 02 of ATR Service Bulletin ATR72–27–1059 was done in service, or ATR Modification 05572 was done in production. Modification 05572 is factory-incorporated on ATR72–212A airplanes from manufacturer’s serial number (MSN) 730. Subject (d) Air Transport Association (ATA) of America Code 27: Flight controls. Reason (e) The mandatory continuing airworthiness information (MCAI) states: PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 Incomplete accomplishment instructions in SB [service bulletin] ATR72–27–1059 original issue and Revision 1, failed to mention installation of cotter pins to secure the self locking nuts after re-installation of the modified Pitch Uncoupling Mechanism (PUM), when connecting the elevator control linkage rods to the PUM input levers and the PUM output rods to the elevator bellcranks (on both sides). Because of the non-installation of these four cotter pins, the fail-safe criteria of the design requirements on the pitch control are no longer met. Such a failure could cause the loss of one self locking nut and would result in the loss of pitch control on one side— Captain or First Officer—or the loss of control of one elevator surface. The symmetrical loss of two concerned selflocking nuts could lead to a complete loss of the pitch control. For the reasons stated above, this AD requires you to check [for] the presence of the four cotter pins and [perform] their installation if they are found to be missing. Actions and Compliance (f) Unless already done, do the following actions. (1) Within 10 days after the effective date of this AD: Verify installation of the four cotter pins securing the nuts of the fastener assemblies connecting the elevator control rods to the elevator bellcranks as shown in Figure 1 of the Accomplishment Instructions of Avions de Transport Regional Service Bulletin ATR72–27–1059, Revision 02, dated May 19, 2008. (2) If any cotter pin is found missing, before further flight, install a new cotter pin with part number MS24665–164 by doing all the applicable actions in accordance with the Accomplishment Instructions of Avions de Transport Regional Service Bulletin ATR72– 27–1059, Revision 02, dated May 19, 2008. Note 1: For accessing the zone to be inspected, panels 325BL, 325BR, 327HL, 327KL, 327KR, 327JR, 327JL, 333BB, and 334BB may need to be removed. AMM (airplane maintenance manual) 06–41–30 contains removal procedures. (3) Before further flight after accomplishment of paragraph (f)(2) of this AD, perform an operational test of the elevator control as specified in paragraph 3.D., ‘‘Tests,’’ of the Accomplishment Instructions of Avions de Transport Regional Service Bulletin ATR72–27–1059, Revision 02, dated May 19, 2008. If any elevator control rod fails the operational test, before further flight, repair using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA) (or its delegated agent). FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: The MCAI does not specify corrective action for failure of the operational test (binding or friction) specified in paragraph (f)(3) of this AD. This AD requires using a method approved by the Manager, International Branch, ANM–116 or the EASA E:\FR\FM\09OCP1.SGM 09OCP1 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules (or its delegated agent) and performing corrective action before further flight. §1.336–3 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. Related Information (h) Refer to MCAI EASA Emergency Airworthiness Directive 2008–0137–E, dated July 23, 2008, and Avions de Transport Regional Service Bulletin ATR72–27–1059, Revision 02, dated May 19, 2008, for related information. Issued in Renton, Washington, on October 3, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–23982 Filed 10–8–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–143544–04] jlentini on PROD1PC65 with PROPOSALS RIN 1545–BD84 Regulations Enabling Elections for Certain Transactions Under Section 336(e) Correction In proposed rule document E8–19603 beginning on page 49965 in theissue of Monday, August 25, 2008, make the following correction: VerDate Aug<31>2005 16:07 Oct 08, 2008 Jkt 217001 [Corrected] 59575 26 CFR Part 1 DC 20044. Submissions may be handdelivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG–107318–08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at https:// www.regulations.gov (IRS REG–107318– 08). FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Michael P. Brewer at (202) 622–6090; concerning submission of comments or to request to speak at the public hearing, Funmi Taylor at (202) 622–7180 (not toll-free numbers). [REG–107318–08] SUPPLEMENTARY INFORMATION: RIN 1545–BH75 Paperwork Reduction Act Notice to Participants of Consequences of Failing To Defer Receipt of Qualified Retirement Plan Distributions; Expansion of Applicable Election Period and Period for Notices The collection of information contained in this notice of proposed rulemaking has been submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). Comments on the collection of information should be sent to the Office of Management and Budget, Attn: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies to the Internal Revenue Service, Attn: IRS Reports Clearance Officer, SE:W:CAR:MP:T:T:SP; Washington, DC 20224. Comments on the collection of information should be received by December 8, 2008. Comments are specifically requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Internal Revenue Service, including whether the information will have practical utility; The accuracy of the estimated burden associated with the proposed collection of information; How the quality, utility, and clarity of the information to be collected may be enhanced; How the burden of complying with the proposed collections of information may be minimized, including through the application of automated collection techniques or other forms of information technology; and Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of service to provide information. The collection of information in these proposed regulations is in § 1.411(a)– 11(c)(2) of the Income Tax Regulations. This collection of information is required to comply with the statutory 1. On page 49979, in the first column, in §1.336–3(d)(1), in thetwenty-second line, ‘‘into account in an amount’’ should read‘‘into account in amount’’. 2. On the same pages, in the same column, in §1.336–3(d)(2), in thelast line, ‘‘into account in an amount’’ should read ‘‘into accountin amount’’. [FR Doc. Z8–19603 Filed 10–8–08; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF THE TREASURY Internal Revenue Service Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. AGENCY: SUMMARY: This document contains proposed regulations under sections 402(f), 411(a)(11), and 417 of the Internal Revenue Code (Code). The proposed regulations would provide that the notice required under section 411(a)(11) to be provided to a participant of his or her right, if any, to defer receipt of an immediately distributable benefit must also describe the consequences of failing to defer receipt of the distribution. The proposed regulations would also provide that the applicable election period for waiving the qualified joint and survivor annuity form of benefit under section 417 is the 180-day period ending on the annuity starting date, and that a notice required to be provided under section 402(f), section 411(a)(11), or section 417 may be provided to a participant as much as 180 days before the annuity starting date (or, for a notice under section 402(f), the distribution date). These regulations would affect administrators of, employers maintaining, participants in, and beneficiaries of tax-favored retirement plans. DATES: Written or electronic comments and requests to speak at the public hearing must be received by January 7, 2009. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–107318–08), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1

Agencies

[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Proposed Rules]
[Pages 59573-59575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23982]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1081; Directorate Identifier 2008-NM-143-AD]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Incomplete accomplishment instructions in SB [service bulletin] 
ATR72-27-1059 original issue and Revision 1, failed to mention 
installation of cotter pins to secure the self locking nuts after 
re-installation of the modified Pitch Uncoupling Mechanism (PUM), 
when connecting the elevator control linkage rods to the PUM input 
levers and the PUM output rods to the elevator bellcranks (on both 
sides).
    Because of the non-installation of these four cotter pins, the 
fail-safe criteria of the design requirements on the pitch control 
are no longer met. Such a failure could cause the loss of one self 
locking nut and would result in the loss of pitch control on one 
side--Captain or First Officer--or the loss of control of one 
elevator surface. The symmetrical loss of two concerned self-locking 
nuts could lead to a complete loss of the pitch control.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 10, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1081; 
Directorate Identifier 2008-NM-143-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Emergency Airworthiness Directive 2008-0137-E, dated July 23, 2008 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Incomplete accomplishment instructions in SB [service bulletin] 
ATR72-27-1059 original issue and Revision 1, failed to mention 
installation of cotter pins to secure the self locking nuts after 
re-installation of the modified Pitch Uncoupling Mechanism (PUM), 
when connecting the elevator control linkage rods to the PUM input 
levers and the PUM output rods to the elevator bellcranks (on both 
sides).
    Because of the non-installation of these four cotter pins, the 
fail-safe criteria of the design requirements on the pitch control 
are no longer met. Such a failure could cause the loss of one self 
locking nut and would result in the loss of pitch control on one 
side--Captain or First Officer--or the loss of control of one 
elevator surface. The symmetrical loss of two concerned self-locking 
nuts could lead to a complete loss of the pitch control.
    For the reasons stated above, this AD requires you to check 
[for] the presence of the four cotter pins and [perform] their 
installation if they are found to be missing.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    ATR has issued Avions de Transport Regional Service Bulletin ATR72-
27-1059, Revision 02, dated May 19, 2008. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But

[[Page 59574]]

we might have found it necessary to use different words from those in 
the MCAI to ensure the AD is clear for U.S. operators and is 
enforceable. In making these changes, we do not intend to differ 
substantively from the information provided in the MCAI and related 
service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 20 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $3,200, or $160 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

ATR-GIE Avions De Transport R[eacute]gional (Formerly Aerospatiale): 
Docket No. FAA-2008-1081; Directorate Identifier 2008-NM-143-AD.

Comments Due Date

    (a) We must receive comments by November 10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR Model ATR72-101, -102, -201, -202, -
211, -212, and -212A airplanes, all serial numbers, certificated in 
any category; as identified in paragraphs (c)(1) and (c)(2) of this 
AD, as applicable.
    (1) This AD applies to airplanes on which ATR Service Bulletin 
ATR72-27-1059 was done in service at original issue, dated October 
3, 2006, or Revision 01, dated March 14, 2007, except as provided by 
paragraph (c)(2) of this AD.
    (2) This AD does not apply to airplanes on which Revision 02 of 
ATR Service Bulletin ATR72-27-1059 was done in service, or ATR 
Modification 05572 was done in production. Modification 05572 is 
factory-incorporated on ATR72-212A airplanes from manufacturer's 
serial number (MSN) 730.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Incomplete accomplishment instructions in SB [service bulletin] 
ATR72-27-1059 original issue and Revision 1, failed to mention 
installation of cotter pins to secure the self locking nuts after 
re-installation of the modified Pitch Uncoupling Mechanism (PUM), 
when connecting the elevator control linkage rods to the PUM input 
levers and the PUM output rods to the elevator bellcranks (on both 
sides).
    Because of the non-installation of these four cotter pins, the 
fail-safe criteria of the design requirements on the pitch control 
are no longer met. Such a failure could cause the loss of one self 
locking nut and would result in the loss of pitch control on one 
side--Captain or First Officer--or the loss of control of one 
elevator surface. The symmetrical loss of two concerned self-locking 
nuts could lead to a complete loss of the pitch control.
    For the reasons stated above, this AD requires you to check 
[for] the presence of the four cotter pins and [perform] their 
installation if they are found to be missing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 10 days after the effective date of this AD: Verify 
installation of the four cotter pins securing the nuts of the 
fastener assemblies connecting the elevator control rods to the 
elevator bellcranks as shown in Figure 1 of the Accomplishment 
Instructions of Avions de Transport Regional Service Bulletin ATR72-
27-1059, Revision 02, dated May 19, 2008.
    (2) If any cotter pin is found missing, before further flight, 
install a new cotter pin with part number MS24665-164 by doing all 
the applicable actions in accordance with the Accomplishment 
Instructions of Avions de Transport Regional Service Bulletin ATR72-
27-1059, Revision 02, dated May 19, 2008.
    Note 1: For accessing the zone to be inspected, panels 325BL, 
325BR, 327HL, 327KL, 327KR, 327JR, 327JL, 333BB, and 334BB may need 
to be removed. AMM (airplane maintenance manual) 06-41-30 contains 
removal procedures.
    (3) Before further flight after accomplishment of paragraph 
(f)(2) of this AD, perform an operational test of the elevator 
control as specified in paragraph 3.D., ``Tests,'' of the 
Accomplishment Instructions of Avions de Transport Regional Service 
Bulletin ATR72-27-1059, Revision 02, dated May 19, 2008. If any 
elevator control rod fails the operational test, before further 
flight, repair using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA) (or its delegated agent).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    The MCAI does not specify corrective action for failure of the 
operational test (binding or friction) specified in paragraph (f)(3) 
of this AD. This AD requires using a method approved by the Manager, 
International Branch, ANM-116 or the EASA

[[Page 59575]]

(or its delegated agent) and performing corrective action before 
further flight.

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.

Related Information

    (h) Refer to MCAI EASA Emergency Airworthiness Directive 2008-
0137-E, dated July 23, 2008, and Avions de Transport Regional 
Service Bulletin ATR72-27-1059, Revision 02, dated May 19, 2008, for 
related information.

    Issued in Renton, Washington, on October 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-23982 Filed 10-8-08; 8:45 am]
BILLING CODE 4910-13-P
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