[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Proposed Rules]               
[Page 59573-59575]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-29]                         

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

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 http://
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 http://
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 http://
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