Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes, 46336-46339 [E9-21312]
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46336
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
inspection of the clearance between lever P/
N A26997–003 and the up-limit switch, in
accordance with the Accomplishment
Instructions of Fokker Service Bulletin
SBF100–52–086, dated November 1, 2007.
(3) If any clearance is found outside the
range defined in Fokker Service Bulletin
SBF100–52–086, dated November 1, 2007,
during the inspection required by paragraph
(f)(2) of this AD, before further flight, correct
the clearance in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–52–086, dated
November 1, 2007.
(4) If done before the effective date of this
AD, installing the warning placard near the
status lights of the panel of the door lock
indication, in accordance with Fokker
Service Bulletin SBF100–11–025, dated
November 1, 2007, is acceptable for
compliance with the requirements of
paragraph (f)(1) of this AD.
(5) Modifying the airplane in accordance
with Fokker Service Bulletin SBF100–52–
044, Revision 1, dated November 1, 2007,
terminates the requirements of paragraph
(f)(2) of this AD.
FAA AD Differences
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Note 1: This AD differs from the MCAI
and/or service information as follows:
Note 1 of the ‘‘Compliance’’ section of
European Aviation Safety Agency (EASA)
Airworthiness Directive 2008–0020, dated
January 28, 2008, states that any airplane that
has not yet been modified in accordance with
Fokker Service Bulletin SBF100–52–069,
dated December 3, 2001, must be modified
prior to or concurrently with paragraph (f)(1)
of this AD. However, all U.S. airplanes have
met this requirement with the issuance of AD
2006–03–07, amendment 39–14471;
therefore, modification in accordance with
Fokker Service Bulletin SBF100–52–069,
dated December 3, 2001, is not applicable.
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, 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
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
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(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 2008–0020, dated January 28, 2008;
Fokker Service Bulletin SBF100–11–025,
Revision 1, dated December 13, 2007; and
Fokker Service Bulletin SBF100–52–086,
dated November 1, 2007; for related
information.
Material Incorporated by Reference
(i) You must use Fokker Service Bulletin
SBF100–11–025, Revision 1, dated December
13, 2007; and Fokker Service Bulletin
SBF100–52–086, dated November 1, 2007; as
applicable; to do the actions required by this
AD, unless the AD specifies otherwise. If you
accomplish the optional modification
specified in paragraph (f)(5) of this AD, you
must use Fokker Service Bulletin SBF100–
52–044, Revision 1, dated November 1, 2007,
to perform that modification, 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;
telephone +31 (0)252–627–350; fax +31
(0)252–627–211; e-mail
technicalservices.fokkerservices@stork.com;
Internet https://www.myfokkerfleet.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference 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/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
18, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–20834 Filed 9–8–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0786; Directorate
Identifier 2009–NM–145–AD; Amendment
39–16014; AD 2009–18–18]
RIN 2120–AA64
Airworthiness Directives; ATR Model
ATR42 and ATR72 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
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:
A recent event occurred during which the
LH [left-hand] forward side glass window of
an ATR 72–212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies
on the forward side window at the level of
the Z-bar on the windows external side and
at the level of the inner retainer on the
windows internal side. These anomalies are
considered as precursors of this failure.
*
*
*
*
*
An in-flight loss of a forward side window
could have catastrophic consequences for the
aeroplane and/or cause injuries to people on
the ground. The loss of the forward side
window while the aeroplane is on the ground
with a positive differential cabin pressure
could also cause injuries to people inside or
around the aeroplane.
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
September 24, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of September 24, 2009.
We must receive comments on this
AD by October 9, 2009.
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
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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.
Accordingly, this AD mandates initial and
repetitive inspections of LH and RH [righthand] cockpit forward side glass windows
and in case of discrepancies, the replacement
of the window(s).
Remark: Acrylic-based cockpit forward
side windows are not concerned by this AD.
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 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, 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:
Relevant Service Information
jlentini on DSKJ8SOYB1PROD with RULES
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for Member States of the European
Community, has issued EASA
Emergency Airworthiness Directive
2009–0159–E, dated July 20, 2009
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
A recent event occurred during which the
LH [left-hand] forward side glass window of
an ATR 72–212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies
on the forward side window at the level of
the Z-bar on the windows external side and
at the level of the inner retainer on the
windows internal side. These anomalies are
considered as precursors of this failure.
Air or water leakages between the Z-bar
and the outer glass ply, or between the inner
retainer and inner glass ply indicates the
presence of deteriorating structural
components in the window.
It must also be noticed that neither ATR
nor PPG Aerospace authorizes repairs on the
window Z-bar/Z-bar sealant.
Any attempted repairs on these forward
side window Z-bars/Z-bar sealants could lead
to a similar event that has originated this AD.
An in-flight loss of a forward side window
could have catastrophic consequences for the
aeroplane and/or cause injuries to people on
the ground. The loss of the forward side
window while the aeroplane is on the ground
with a positive differential cabin pressure
could also cause injuries to people inside or
around the aeroplane.
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You may obtain further information by
examining the MCAI in the AD docket.
PPG Aerospace has issued Service
Bulletin NP–158862–001, dated July 8,
2009. 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 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 issuing this
AD because we evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between the 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 FAA policies.
Any such differences are highlighted in
a Note within the AD.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because an in-flight loss of a
forward side window could have
catastrophic consequences for the
airplane or cause injuries to people on
the ground. Therefore, we determined
that notice and opportunity for public
comment before issuing this AD are
impracticable and that good cause exists
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46337
for making this amendment effective in
fewer than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2009–0786;
Directorate Identifier 2009–NM–145–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of 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 AD.
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;
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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.
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:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2009–18–18 ATR—GIE Avions De
´
Transport Regional (Formerly
Aerospatiale): Amendment 39–16014.
Docket No. FAA–2009–0786; Directorate
Identifier 2009–NM–145–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective September 24, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to ATR Model ATR42–
200, –300, –320, and –500 airplanes and
Model ATR72–101, –201, –102, –202, –211,
–212, and –212A airplanes; certificated in
any category; that are equipped with any PPG
Aerospace cockpit forward side glass
window having part number (P/N) NP–
158862–1 or NP–158862–2.
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Subject
(d) Air Transport Association (ATA) of
America Code 56: Windows.
Reason
(e) The mandatory continued airworthiness
information (MCAI) states:
A recent event occurred during which the
LH [left-hand] forward side glass window of
an ATR 72–212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies
on the forward side window at the level of
the Z-bar on the windows external side and
at the level of the inner retainer on the
windows internal side. These anomalies are
considered as precursors of this failure.
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
Air or water leakages between the Z-bar
and the outer glass ply, or between the inner
retainer and inner glass ply indicates the
presence of deteriorating structural
components in the window.
It must also be noticed that neither ATR
nor PPG Aerospace authorizes repairs on the
window Z-bar/Z-bar sealant.
Any attempted repairs on these forward
side window Z-bars/Z-bar sealants could lead
to a similar event that has originated this AD.
An in-flight loss of a forward side window
could have catastrophic consequences for the
aeroplane and/or cause injuries to people on
the ground. The loss of the forward side
window while the aeroplane is on the ground
with a positive differential cabin pressure
could also cause injuries to people inside or
around the aeroplane.
Accordingly, this AD mandates initial and
repetitive inspections of LH and RH [righthand] cockpit forward side glass windows
and in case of discrepancies, the replacement
of the window(s).
Remark: Acrylic-based cockpit forward
side windows are not concerned by this AD.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Prior to the accumulation of 2,000 total
flight cycles on any cockpit forward side
window, or within 10 days after the effective
date of this AD, whichever occurs later,
inspect for damage and absence of repair of
the cockpit forward side windows, in
accordance with the Accomplishment
Instructions of PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009.
If the total flight cycles on a given cockpit
forward side window installed on an airplane
cannot be established, the total flight cycles
accumulated on the airplane must be used in
determining the initial inspection time for
the cockpit forward side window.
(i) If any discrepant condition, as defined
in PPG Aerospace Service Bulletin NP–
158862–001, dated July 8, 2009, is found:
Replace the window, in accordance with a
method approved by the Manager, ANM–116,
International Branch, Transport Airplane
Directorate, FAA, or EASA (or its delegated
agent), before further pressurized flight or
within 10 days after the inspection,
whichever occurs first.
Note 1: Guidance on replacing windows
may be found in ATR (ATR42) Aircraft
Maintenance Manual (AMM) Job Instruction
Card (JIC) 56–12–00 RAI 10000–011, dated
February 2008; and ATR ATR72 AMM JIC
56–12–00 RAI 10000–001, dated April 2008.
Note 2: Guidance on unpressurized flight
conditions and limitations may be found in
Section 21–30–1, dated February 2008, of the
ATR Master Minimum Equipment List; and
Section 21–30–1, dated February 2008, of the
ATR Dispatch Deviation Guide.
(ii) If one of the conditions identified in
paragraphs (f)(1)(ii)(a), (f)(1)(ii)(b), and
(f)(1)(ii)(c) of this AD is found: Within 50
flight cycles or 7 days after the inspection
required by paragraph (f)(1) of this AD,
whichever occurs later, repeat the inspection
required in paragraph (f)(1) of this AD. Reinspect at intervals not to exceed 50 flight
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cycles or 7 days, whichever occurs later.
When any discrepant condition, as defined in
PPG Aerospace Service Bulletin NP–158862–
001, dated July 8, 2009, is found: Replace the
window, in accordance with a method
approved by the Manager, ANM–116,
International Branch, Transport Airplane
Directorate, FAA, or EASA (or its delegated
agent), before further pressurized flight or
within 10 days after the inspection,
whichever occurs first.
(a) Sealant separation between the Z-bar
and the outer glass ply, with depth less than
or equal to 4 mm (0.160 in).
(b) Sealant separation between inboard
retainer and inner glass ply, with depth less
than or equal to 7.5 mm (0.300 in) and
cumulative length less than or equal to 300
mm (12.000 in).
(c) Window showing both sealant
separation between the Z-bar and the outer
ply, and separation between inboard retainer
and inner glass ply, common to the same
hole location with a length less than or equal
to 225 mm (8.860 in), and not covering the
entire arc of a window corner.
(iii) If no discrepancy is found: Re-inspect
the cockpit forward side windows at
intervals not to exceed 550 flight hours, in
accordance with the Accomplishment
Instructions of PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009.
When any discrepant condition, as defined in
PPG Aerospace Service Bulletin NP–158862–
001, dated July 8, 2009, is found: Replace the
window, in accordance with a method
approved by the Manager, ANM–116,
International Branch, Transport Airplane
Directorate, FAA, or EASA (or its delegated
agent), before further pressurized flight or
within 10 days after the inspection,
whichever occurs first.
(2) Within 30 days after any inspection
when damage or a discrepancy is found or
within 30 days after the effective date of this
AD, whichever occurs later, submit a detailed
report of the findings to ATR in accordance
with PPG Aerospace Service Bulletin NP–
158862–001, dated July 8, 2009.
FAA AD Differences
Note 3: This AD differs from the MCAI
and/or service information as follows: No
Differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, 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
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
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The AMOC approval letter must specifically
reference this AD.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
(4) Special Flight Permits: We are
permitting special flight permits provided
that the airplane is unpressurized during
flight.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Emergency
Airworthiness Directive 2009–0159–E, dated
July 20, 2009; and PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009;
for related information.
Material Incorporated by Reference
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(i) You must use PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009,
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 PPG Aerospace, 12780 San
Fernando Road, Sylmar, California 91342;
telephone 818–362–6711; fax 818–362–0603;
Internet https://corporateportal.ppg.com/na/
aerospace.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
service information that is incorporated by
reference 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/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–21312 Filed 9–8–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Discussion
Federal Aviation Administration
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 June 9, 2009 (74 FR 27257),
and proposed to supersede AD 2004–
09–16, Amendment 39–13605 (69 FR
24953, May 5, 2004). (A correction of
that AD was published in the Federal
Register on May 12, 2004 (69 FR
26434)). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
14 CFR Part 39
[Docket No. FAA–2009–0522; Directorate
Identifier 2008–NM–127–AD; Amendment
39–16010; AD 2009–18–14]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH Dornier Model 328–100
and –300 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an
existing 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:
* * * A number of * * * rudder spring
tab lever assemblies [of the rudder] were
found cracked.
This condition, if not corrected, could lead
to failure of the rudder flight control system
and consequent loss of control of the aircraft.
* * *
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 14, 2009.
On June 9, 2004 (69 FR 24953, May
5, 2004), the Director of the Federal
Register approved the incorporation by
reference of certain other publications
listed in this AD.
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: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
On 14 March 2002, an incident occurred
with a Dornier 328–100 where the captain
reported that the rudder was unresponsive.
The aircraft landed without any further
difficulties. A visual inspection of the rudder
assembly was carried out and the spring tab
assembly was found to be cracked and
partially missing. During subsequent
inspections of other aircraft, a number of
additional rudder spring tab lever assemblies
were found cracked.
This condition, if not corrected, could lead
to failure of the rudder flight control system
and consequent loss of control of the aircraft.
To address and correct this unsafe condition,
LBA (Luftfahrt-Bundesamt) issued AD 2003–
383 and 2003–384 [which correspond to FAA
AD 2004–09–16] for the Dornier 328–100 and
328–300 respectively, to require the initial
and repetitive inspection of the rudder spring
tab lever assembly and, in case cracks were
found, the replacement of the rudder spring
tab lever assembly with a serviceable unit.
The current TC (type certificate) holder of
this type design, 328 Support Services
GmbH, has recently published Alert Service
Bulletin ASB–328–27–036, Revision 2, which
reduces the inspection interval to A-check
[400 FH] (400 flight hours). In addition,
Service Bulletin SB–328–27–459 was revised
to change the compliance status from
‘optional’ to ‘mandatory’ and instructs
operators to replace the rudder spring tab
lever assembly with an improved unit P/N
(part number) 001A272A4020–004, ending
the need for the repetitive inspections.
For the reasons described above, this EASA
AD retains the repetitive inspection
requirements of LBA AD 2003–383, which is
superseded, expands the applicability to all
serial numbers, reduces the inspection
interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever
assembly with an improved unit P/N
001A272A4020–004, as specified in SB–328–
27–459.
The material used for the rudder
spring tab lever assemblies on Model
328–100 airplanes differs from the
material used for the rudder spring tab
lever assemblies on Model 328–300
airplanes. Therefore, Model 328–300
airplanes are not affected by the new
requirements in this AD. You may
obtain further information by examining
the MCAI in the AD docket.
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46336-46339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21312]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0786; Directorate Identifier 2009-NM-145-AD;
Amendment 39-16014; AD 2009-18-18]
RIN 2120-AA64
Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
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:
A recent event occurred during which the LH [left-hand] forward
side glass window of an ATR 72-212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies on the forward side
window at the level of the Z-bar on the windows external side and at
the level of the inner retainer on the windows internal side. These
anomalies are considered as precursors of this failure.
* * * * *
An in-flight loss of a forward side window could have
catastrophic consequences for the aeroplane and/or cause injuries to
people on the ground. The loss of the forward side window while the
aeroplane is on the ground with a positive differential cabin
pressure could also cause injuries to people inside or around the
aeroplane.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective September 24, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 24,
2009.
We must receive comments on this AD by October 9, 2009.
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
[[Page 46337]]
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 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, 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
The European Aviation Safety Agency (EASA), which is the Technical
Agent for Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2009-0159-E, dated July 20, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
A recent event occurred during which the LH [left-hand] forward
side glass window of an ATR 72-212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies on the forward side
window at the level of the Z-bar on the windows external side and at
the level of the inner retainer on the windows internal side. These
anomalies are considered as precursors of this failure.
Air or water leakages between the Z-bar and the outer glass ply,
or between the inner retainer and inner glass ply indicates the
presence of deteriorating structural components in the window.
It must also be noticed that neither ATR nor PPG Aerospace
authorizes repairs on the window Z-bar/Z-bar sealant.
Any attempted repairs on these forward side window Z-bars/Z-bar
sealants could lead to a similar event that has originated this AD.
An in-flight loss of a forward side window could have
catastrophic consequences for the aeroplane and/or cause injuries to
people on the ground. The loss of the forward side window while the
aeroplane is on the ground with a positive differential cabin
pressure could also cause injuries to people inside or around the
aeroplane.
Accordingly, this AD mandates initial and repetitive inspections
of LH and RH [right-hand] cockpit forward side glass windows and in
case of discrepancies, the replacement of the window(s).
Remark: Acrylic-based cockpit forward side windows are not
concerned by this AD.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
PPG Aerospace has issued Service Bulletin NP-158862-001, dated July
8, 2009. 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because an
in-flight loss of a forward side window could have catastrophic
consequences for the airplane or cause injuries to people on the
ground. Therefore, we determined that notice and opportunity for public
comment before issuing this AD are impracticable and that good cause
exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0786; Directorate
Identifier 2009-NM-145-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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;
[[Page 46338]]
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.
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:
2009-18-18 ATR--GIE Avions De Transport R[eacute]gional (Formerly
Aerospatiale): Amendment 39-16014. Docket No. FAA-2009-0786;
Directorate Identifier 2009-NM-145-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 24, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to ATR Model ATR42-200, -300, -320, and -500
airplanes and Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes; certificated in any category; that are equipped with
any PPG Aerospace cockpit forward side glass window having part
number (P/N) NP-158862-1 or NP-158862-2.
Subject
(d) Air Transport Association (ATA) of America Code 56: Windows.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
A recent event occurred during which the LH [left-hand] forward
side glass window of an ATR 72-212 aeroplane blew out while
performing a ground pressure test.
The investigation revealed some anomalies on the forward side
window at the level of the Z-bar on the windows external side and at
the level of the inner retainer on the windows internal side. These
anomalies are considered as precursors of this failure.
Air or water leakages between the Z-bar and the outer glass ply,
or between the inner retainer and inner glass ply indicates the
presence of deteriorating structural components in the window.
It must also be noticed that neither ATR nor PPG Aerospace
authorizes repairs on the window Z-bar/Z-bar sealant.
Any attempted repairs on these forward side window Z-bars/Z-bar
sealants could lead to a similar event that has originated this AD.
An in-flight loss of a forward side window could have
catastrophic consequences for the aeroplane and/or cause injuries to
people on the ground. The loss of the forward side window while the
aeroplane is on the ground with a positive differential cabin
pressure could also cause injuries to people inside or around the
aeroplane.
Accordingly, this AD mandates initial and repetitive inspections
of LH and RH [right-hand] cockpit forward side glass windows and in
case of discrepancies, the replacement of the window(s).
Remark: Acrylic-based cockpit forward side windows are not
concerned by this AD.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Prior to the accumulation of 2,000 total flight cycles on
any cockpit forward side window, or within 10 days after the
effective date of this AD, whichever occurs later, inspect for
damage and absence of repair of the cockpit forward side windows, in
accordance with the Accomplishment Instructions of PPG Aerospace
Service Bulletin NP-158862-001, dated July 8, 2009. If the total
flight cycles on a given cockpit forward side window installed on an
airplane cannot be established, the total flight cycles accumulated
on the airplane must be used in determining the initial inspection
time for the cockpit forward side window.
(i) If any discrepant condition, as defined in PPG Aerospace
Service Bulletin NP-158862-001, dated July 8, 2009, is found:
Replace the window, in accordance with a method approved by the
Manager, ANM-116, International Branch, Transport Airplane
Directorate, FAA, or EASA (or its delegated agent), before further
pressurized flight or within 10 days after the inspection, whichever
occurs first.
Note 1: Guidance on replacing windows may be found in ATR
(ATR42) Aircraft Maintenance Manual (AMM) Job Instruction Card (JIC)
56-12-00 RAI 10000-011, dated February 2008; and ATR ATR72 AMM JIC
56-12-00 RAI 10000-001, dated April 2008.
Note 2: Guidance on unpressurized flight conditions and
limitations may be found in Section 21-30-1, dated February 2008, of
the ATR Master Minimum Equipment List; and Section 21-30-1, dated
February 2008, of the ATR Dispatch Deviation Guide.
(ii) If one of the conditions identified in paragraphs
(f)(1)(ii)(a), (f)(1)(ii)(b), and (f)(1)(ii)(c) of this AD is found:
Within 50 flight cycles or 7 days after the inspection required by
paragraph (f)(1) of this AD, whichever occurs later, repeat the
inspection required in paragraph (f)(1) of this AD. Re-inspect at
intervals not to exceed 50 flight cycles or 7 days, whichever occurs
later. When any discrepant condition, as defined in PPG Aerospace
Service Bulletin NP-158862-001, dated July 8, 2009, is found:
Replace the window, in accordance with a method approved by the
Manager, ANM-116, International Branch, Transport Airplane
Directorate, FAA, or EASA (or its delegated agent), before further
pressurized flight or within 10 days after the inspection, whichever
occurs first.
(a) Sealant separation between the Z-bar and the outer glass
ply, with depth less than or equal to 4 mm (0.160 in).
(b) Sealant separation between inboard retainer and inner glass
ply, with depth less than or equal to 7.5 mm (0.300 in) and
cumulative length less than or equal to 300 mm (12.000 in).
(c) Window showing both sealant separation between the Z-bar and
the outer ply, and separation between inboard retainer and inner
glass ply, common to the same hole location with a length less than
or equal to 225 mm (8.860 in), and not covering the entire arc of a
window corner.
(iii) If no discrepancy is found: Re-inspect the cockpit forward
side windows at intervals not to exceed 550 flight hours, in
accordance with the Accomplishment Instructions of PPG Aerospace
Service Bulletin NP-158862-001, dated July 8, 2009. When any
discrepant condition, as defined in PPG Aerospace Service Bulletin
NP-158862-001, dated July 8, 2009, is found: Replace the window, in
accordance with a method approved by the Manager, ANM-116,
International Branch, Transport Airplane Directorate, FAA, or EASA
(or its delegated agent), before further pressurized flight or
within 10 days after the inspection, whichever occurs first.
(2) Within 30 days after any inspection when damage or a
discrepancy is found or within 30 days after the effective date of
this AD, whichever occurs later, submit a detailed report of the
findings to ATR in accordance with PPG Aerospace Service Bulletin
NP-158862-001, dated July 8, 2009.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service
information as follows: No Differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, 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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
[[Page 46339]]
The AMOC approval letter must specifically reference this AD.
(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.
(4) Special Flight Permits: We are permitting special flight
permits provided that the airplane is unpressurized during flight.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency Airworthiness Directive 2009-0159-E, dated July 20, 2009;
and PPG Aerospace Service Bulletin NP-158862-001, dated July 8,
2009; for related information.
Material Incorporated by Reference
(i) You must use PPG Aerospace Service Bulletin NP-158862-001,
dated July 8, 2009, 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 PPG
Aerospace, 12780 San Fernando Road, Sylmar, California 91342;
telephone 818-362-6711; fax 818-362-0603; Internet https://corporateportal.ppg.com/na/aerospace.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on August 26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21312 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P