[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Proposed Rules]
[Pages 9475-9477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3657]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Proposed 
Rules  

[[Page 9475]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27358; Directorate Identifier 2006-NM-270-AD]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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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) issued 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 electrical arcing due to chafing between a bonding cable 
and electrical wires in the 120 VU (volt unit) electrical harness, 
causing the loss of some instruments and loss of one hydraulic circuit 
pressure (i.e., loss of pressure of one hydraulic circuit). 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 April 2, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility 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 Office (telephone (800) 647-5227) 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2007-
27358; Directorate Identifier 2006-NM-270-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 because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.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 
Airworthiness Directive 2006-0283, dated September 14, 2006 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states that recently an ATR 42 suffered 
electrical arcing, causing the loss of some instruments and loss of one 
hydraulic circuit pressure (i.e., loss of pressure of one hydraulic 
circuit) due to chafing between a bonding cable and electrical wires in 
the 120 VU (volt unit) electrical harness. The investigations showed 
that:
     A tubular support had been deformed and therefore impaired 
the spacing among electrical harness, supports, and cables;
     Harness was not correctly attached;
     The size of the harness was increased by addition of 
cables (for Service Bulletins (SB) or customer modifications 
embodiments);
     The bonding cable was not correctly installed.

    The EASA Airworthiness Directive mandates an inspection of the ATR 
42 and ATR 72 fleet for correct installation of the bonding cable and 
restoring correct installation of the bonding cable if necessary. You 
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Avions de Transport Regional has issued Service Bulletins ATR42-92-
0012 and ATR72-92-1013, both dated July 4, 2006. The actions described 
in this service information are intended to correct the unsafe 
condition identified in the MCAI.

[[Page 9476]]

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, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information provided by the State of Design Authority 
and determined the 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 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 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 53 products of U.S. registry. We also estimate that 
it would take about 1 work hour per product to comply with this 
proposed AD. The average labor rate is $80 per work-hour. Based on 
these figures, we estimate the cost of the proposed inspection on U.S. 
operators to be $4,240, or $80 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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:

Aerospatiale: Docket No. FAA-2007-27358; Directorate Identifier 
2006-NM-270-AD.

Comments Due Date

    (a) We must receive comments by April 2, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model ATR42-200, -300, -320, and -500 
airplanes; all serial numbers up to manufacturer serial number (MSN) 
643 inclusive; and Model ATR72-101, -102, -201, -202, -211, -212, 
and -212A airplanes, all serial numbers up to MSN 728 inclusive, 
except MSN 723 and 725; certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that recently an ATR 42 suffered electrical arcing, causing 
the loss of some instruments and loss of one hydraulic circuit 
pressure (i.e., loss of pressure of one hydraulic circuit) due to 
chafing between a bonding cable and electrical wires in the 120 VU 
(volt unit) electrical harness. The investigation showed that a 
tubular support had been deformed and therefore impaired the spacing 
among electrical harness, supports, and cables; the harness was not 
correctly attached; the size of the harness was increased by 
addition of cables (for Service Bulletins (SB) or customer 
modifications embodiments); and the bonding cable was not correctly 
installed. The MCAI mandates an inspection of the ATR 42 and ATR 72 
fleet for correct installation of the bonding cable and restoring 
correct installation of the bonding cable if necessary.

Actions and Compliance

    (e) Unless already done, do the following actions. Within 3 
months after the effective date of this AD: Inspect the harness 
installation in the 120 VU electrical harness and, as applicable, 
restore correct installation of the bonding cable, in accordance 
with the instructions given by Avions de Transport Regional ATR42-
92-0012 (for Model ATR42 airplanes) and ATR72-92-1013 (for Model 
ATR72 airplanes), both dated July 4, 2006; as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
ATTN: Tom Rodriguez, Aerospace Engineer, 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. Before using any AMOC approved in accordance with Sec.  39.19 
on any airplane to which the AMOC applies, notify the appropriate 
principal inspector in the FAA Flight Standards Certificate Holding 
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 
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

[[Page 9477]]

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

    (g) Refer to MCAI EASA Airworthiness Directive 2006-0283, dated 
September 14, 2006; and Avions de Transport Regional Service 
Bulletins ATR42-92-0012 and ATR72-92-1013, both dated July 4, 2006, 
for related information.

    Issued in Renton, Washington, on February 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-3657 Filed 3-1-07; 8:45 am]
BILLING CODE 4910-13-P