[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Rules and Regulations]
[Pages 9663-9666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3188]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0334; Directorate Identifier 2007-NM-206-AD; 
Amendment 39-15385; AD 2008-04-13]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42 and ATR72 Airplanes

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

ACTION: Final rule.

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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:

    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
* * * * *
     * * * ATR carried out a safety review on the fuel tank systems 
and zones adjacent to the fuel tanks on all ATR models * * *.
* * * * *

    The unsafe condition is the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in fuel tank explosions and consequent loss of the airplane. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective March 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 28, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://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: 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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 17, 2007 
(72 FR 71286). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered 
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are 
required to conduct a design review of their fuel tank systems 
against explosion risk. It also requires the development and 
implementation of maintenance and inspection instructions to 
maintain the safety of the fuel tank system.
    To answer JAA INT/POL 25/12, and in accordance with SFAR 88 
requirements and guideline, ATR carried out a safety review on the 
fuel tank systems and zones adjacent to the fuel tanks on all ATR 
models using relevant safety assessment methods of JAR 25.1309.
    As a result of this safety review, ATR developed for ATR 42 the 
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for 
ATR 72 the modification 05356 (SB ATR 72-28-1019). Those 
modifications consist in the installation of fuses adapters on 
wiring entering the fuel tanks and current limitation devices. For 
ATR 72 aircraft, the modification also requires replacement of the 
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective 
actions, which include inspecting the electrical harness for correct 
installation and adjusting the harness as necessary, and, for Model ATR 
42 airplanes, inspecting the bonding strap for correct installation and 
adjusting the bonding strap. The unsafe condition is the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

[[Page 9664]]

Costs of Compliance

    We estimate that this AD will affect about 55 products of U.S. 
registry. We also estimate that it will take about 150 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $23,000 
per product. Where the service information lists required parts costs 
that are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $1,925,000, or $35,000 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at 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 the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-04-13 ATR--GIE Avions de Transport Regional (formerly 
Aerospatiale): Amendment 39-15385. Docket No. FAA-2007-0334; 
Directorate Identifier 2007-NM-206-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) ATR Model ATR42-200, -300, -320, and -500 airplanes, 
certificated in any category, serial numbers 1 through 642.
    (2) ATR Model ATR72-101, -201, -102, -202, -211, -212, and -212A 
airplanes, certificated in any category, serial numbers 1 through 
724.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    [T]he FAA has published a set of new rules related to the fuel 
tank safety, including the Special Federal Aviation Regulation 88 
(SFAR 88).
    The JAA (Joint Aviation Authority) has issued an Interim Policy 
JAA INT/POL 25/12, to recommend the application of a similar 
requirement to the National Aviation Authorities (NAA) [of Europe].
    This recommendation was followed by French DGAC, which rendered 
the compliance to JAA INT/POL 25/12 mandatory for all ATR Aircraft.
    Under this regulation, all holders of type certificates are 
required to conduct a design review of their fuel tank systems 
against explosion risk. It also requires the development and 
implementation of maintenance and inspection instructions to 
maintain the safety of the fuel tank system.
    To answer JAA INT/POL 25/12, and in accordance with SFAR 88 
requirements and guideline, ATR carried out a safety review on the 
fuel tank systems and zones adjacent to the fuel tanks on all ATR 
models using relevant safety assessment methods of JAR 25.1309.
    As a result of this safety review, ATR developed for ATR 42 the 
modification 05355 (SB (service bulletin) ATR 42-28-0039), and for 
ATR 72 the modification 05356 (SB ATR 72-28-1019). Those 
modifications consist in the installation of fuses adapters on 
wiring entering the fuel tanks and current limitation devices. For 
ATR 72 aircraft, the modification also requires replacement of the 
high level sensors with new sensors having shorter harness.

The modification also includes related investigative and corrective 
actions, which include inspecting the electrical harness for correct 
installation and adjusting the harness as necessary, and, for Model 
ATR42 airplanes, inspecting the bonding strap for correct 
installation and adjusting the bonding strap. The unsafe condition 
is the potential of ignition sources inside fuel tanks, which, in 
combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.

Actions and Compliance

    (f) Within 41 months after the effective date of this AD, unless 
already done, modify the fuel system and do all applicable related 
investigative and corrective actions according to the instructions 
given by the applicable service bulletin listed in Table 1 of this 
AD. Do all applicable related investigative and corrective actions 
before further flight. Actions accomplished before the effective 
date of this AD in accordance with Avions de Transport Regional 
Service Bulletin ATR 42-28-0039, Revision 03, dated November 15, 
2006, are considered acceptable for compliance with the 
corresponding action specified in this AD.

[[Page 9665]]



                      Table 1.--Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        service bulletin          Revision level            Date
------------------------------------------------------------------------
ATR42-28-0039 (for Model ATR42                 04  June 12, 2007.
 Airplanes).
ATR72-28-1019 (for Model ATR72                 05  June 12, 2007.
 Airplanes).
------------------------------------------------------------------------

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The additional actions specified in the MCAI for 
operators that have done actions in accordance with previous issues 
of the service bulletins are not complete. Therefore, this AD only 
refers to Avions de Transport Regional Service Bulletins ATR 42-28-
0039, Revision 03, dated November 15, 2006; Revision 04, dated June 
12, 2007; and ATR 72-28-1019, Revision 05, dated June 12, 2007; as 
appropriate sources of service information for accomplishing the 
required actions. Operators that have done actions in accordance 
with previous issues of the service bulletins may request an 
approval for an alternative method of compliance (AMOC) according to 
paragraph (g) of this AD, provided that the AMOC provides an 
acceptable level of safety.

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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0226, dated 
August 24, 2007, and the service information listed in Table 2 of 
this AD, for related information.

                  Table 2.--Related Service Information
------------------------------------------------------------------------
  Avions de Transport Regional
        service bulletin          Revision level            Date
------------------------------------------------------------------------
ATR42-28-0039..................                04  June 12, 2007.
ATR72-28-1019..................                05  June 12, 2007.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use Avions de Transport Regional Service Bulletin 
ATR42-28-0039, Revision 04, dated June 12, 2007; or Avions de 
Transport Regional Service Bulletin ATR72-28-1019, Revision 05, 
dated June 12, 2007; as applicable; to do the actions required by 
this AD, unless the AD specifies otherwise. Avions de Transport 
Regional Service Bulletin ATR42-28-0039, Revision 04, dated June 12, 
2007, contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
               Page Nos.                   Revision level  shown on page             Date  shown on page
----------------------------------------------------------------------------------------------------------------
1-6, 8-10, 16-18, 45-48, 92, 93.......  04.................................  June 12, 2007.
7, 11, 51.............................  1..................................  February 28, 2006.
12-15, 19-26, 31, 32, 39, 40, 67, 68,   03.................................  November 15, 2006.
 79, 80, 91.
27-30, 33-38, 41-44, 49, 50, 53-66, 69- Original...........................  August 1, 2005.
 78, 81-90.
52....................................  02.................................  August 10, 2006.
----------------------------------------------------------------------------------------------------------------

    Avions de Transport Regional Service Bulletin ATR72-28-1019, 
Revision 05, dated June 12, 2007, contains the following effective 
pages:

----------------------------------------------------------------------------------------------------------------
               Page No.                    Revision level  shown on page             Date  shown on page
----------------------------------------------------------------------------------------------------------------
1-8, 13-15, 18, 37, 38, 66............  05.................................  June 12, 2007.
9, 51, 52.............................  1..................................  February 28, 2006.
10-12, 17, 21-36, 39-48, 53, 54, 57,    Original...........................  August 1, 2005.
 58, 61-64.
16, 65................................  02.................................  August 10, 2006.
19, 20, 49, 50, 55, 56, 59, 60........  03.................................  September 29, 2006.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact ATR, 
316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 9666]]


    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-3188 Filed 2-21-08; 8:45 am]
BILLING CODE 4910-13-P