[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10652-10655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3401]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29332; Directorate Identifier 2007-NM-172-AD; 
Amendment 39-15391; AD 2008-04-19]
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:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, * * * Special Federal Aviation 
Regulation 88 (SFAR88) * * * required a safety review of the 
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' * * *. These are identified in 
Failure Conditions for which an unacceptable probability of ignition 
risk could exist if specific tasks and/or practices are not 
performed in accordance with the manufacturers' requirements.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 3, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 3, 
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

[[Page 10653]]

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, FAA, Transport Airplane Directorate, 
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 September 28, 2007 
(72 FR 55113). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulations) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was 
requested to be mandated by NAA's (National Aviation Authorities) 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, 
www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: The date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations (comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL)) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.

    The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to incorporate 
new limitations for fuel tank systems. You may obtain further 
information by examining the MCAI in the AD docket.

Change Made to This AD

    For standardization purposes, we have revised paragraph (f)(4) of 
this AD to specify that no alternative inspections, inspection 
intervals, or CDCCLs may be used unless they are part of a later 
approved revision of ATR 42-200/-300/-320 Maintenance Review Board 
Report (MRBR), Revision 7, dated March 31, 2006; ATR 42-400/-500 MRBR, 
Revision 6, dated March 26, 2007; or ATR 72 MRBR, Revision 8, dated 
March 26, 2007; as applicable; or unless they are approved as an 
alternative method of compliance. Inclusion of this paragraph in the AD 
is intended to ensure that the AD-mandated airworthiness limitations 
changes are treated the same as the airworthiness limitations issued 
with the original type certificate.

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 with the change 
described previously. We determined that this change will not increase 
the economic burden on any operator or increase the scope of the AD.

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.

Costs of Compliance

    We estimate that this AD will affect about 84 products of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $6,720, 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 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

[[Page 10654]]

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:

2008-04-19 ATR--GIE Avions de Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-15391. Docket No. FAA-2007-29332; 
Directorate Identifier 2007-NM-172-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all ATR Model ATR42-200, -300, -320, and 
-500 airplanes; and all ATR Model ATR72-101, -201, -102, -202, -211, 
-212, and -212A airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulation) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was 
requested to be mandated by NAA's (National Aviation Authorities) 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, 
www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: The date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations (comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL)) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.

The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after the effective date of this AD, or 
before December 16, 2008, whichever occurs first, revise the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate Task 28.10.00 ``Fuel Tank--
General,'' and Task 28.20.00 ``Distribution,'' of the Certification 
Maintenance Requirements (CMR) Section of the Time Limits Section of 
Part 1 of the ATR 42-200/-300/-320 Maintenance Review Board Report 
(MRBR), Revision 7, dated March 31, 2006; the ATR 42-400/-500 MRBR, 
Revision 6, dated March 26, 2007; or the ATR 72 MRBR, Revision 8, 
dated March 26, 2007; as applicable. For all tasks identified in the 
applicable MRBR, the initial compliance times start from the later 
of the times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of 
this AD, except as provided by paragraphs (f)(3) and (g) of this AD. 
The repetitive inspections must be accomplished thereafter at the 
interval specified in the applicable MRBR.
    (i) The effective date of this AD.
    (ii) The date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness.
    (2) Within 3 months after the effective date of this AD, or 
before December 16, 2008, whichever occurs first, revise the ALS of 
the Instructions for Continued Airworthiness to incorporate the 
CDCCLs as defined in Section 4., ``Critical Design Configuration 
Control List,'' of the Airworthiness Limitations Section of the Time 
Limits Section of Part 1 of the ATR 42-200/-300/-320 MRBR, Revision 
7, dated March 31, 2006; the ATR 42-400/-500 MRBR, Revision 6, dated 
March 26, 2007; or the ATR 72 MRBR, Revision 8, dated March 26, 
2007; as applicable.
    (3) For the task titled ``Detailed visual inspection of the fuel 
tanks and associated equipment, wiring, piping and braids'' (CMR 
task reference 28.10.00-1): The initial compliance time is the later 
of the times specified in paragraphs (f)(3)(i) and (f)(3)(ii) of 
this AD. Thereafter, the task titled ``Detailed visual inspection of 
the fuel tanks and associated equipment, wiring, piping and braids'' 
must be accomplished at the repetitive interval specified in Section 
4., ``Critical Design Configuration Control List,'' of the 
Airworthiness Limitations Section of the Time Limits Section of Part 
1 of the ATR 42-200/-300/-320 MRBR, Revision 7, dated March 31, 
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or 
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable.
    (i) Within 144 months since the date of issuance of the original 
French standard airworthiness certificate or the date of issuance of 
the original French export certificate of airworthiness.
    (ii) Within 72 months or 20,000 flight hours after the effective 
date of this AD, whichever occurs first.
    (4) After accomplishing the actions specified in paragraphs 
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspection, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are part of a later revision of the ATR 42-200/
-300/-320 MRBR, Revision 7, dated March 31, 2006; ATR 42-400/-500 
MRBR, Revision 6, dated March 26, 2007; or ATR 72 MRBR, Revision 8, 
dated March 26, 2007; as applicable; that is approved by the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, or the European Aviation Safety Agency (EASA) (or 
its delegated agent); or unless the inspections,

[[Page 10655]]

intervals, or CDCCLs are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (g) of this AD.

FAA AD Differences

    Note 2: 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) 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, FAA, Transport Airplane Directorate, 
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 2006-0219R1, 
dated June 29, 2007, and the service information identified in Table 
1 of this AD, for related information.

                                          Table 1.--Service Information
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                                                               Revision
                          Document                              level                      Date
----------------------------------------------------------------------------------------------------------------
Time Limits Section of Part 1 of the ATR 42-200/-300/-320              7  March 31, 2006.
 Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 42-400/-500                   6  March 26, 2007.
 Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 72 Maintenance                8  March 26, 2007.
 Review Board Report.
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Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

                                  Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                               Revision
                          Document                              level                      Date
----------------------------------------------------------------------------------------------------------------
Time Limits Section of Part 1 of the ATR 42-200/-300/-320              7  March 31, 2006.
 Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 42-400/-500                   6  March 26, 2007.
 Maintenance Review Board Report.
Time Limits Section of Part 1 of the ATR 72 Maintenance                8  March 26, 2007.
 Review Board Report.
----------------------------------------------------------------------------------------------------------------

    The missing page number for the ``List of Effective Pages'' of 
the Time Limits Section of Part 1 of the ATR 42-200/-300/-320 
Maintenance Review Board Report is 1-LEP. The ``List of Effective 
Pages'' for the Time Limits Section of Part 1 of the ATR 42-400/-500 
Maintenance Review Board Report contains a typographical error: The 
date for Page 3 should read March 2007. The first page of the 
``Reasons for Revisions'' section of the Time Limits Section of Part 
1 of the ATR 72 Maintenance Review Board Report is incorrectly 
identified as Page 2-RFR; that page should be identified as Page 1-
RFR.
    (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.

    Issued in Renton, Washington, on February 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-3401 Filed 2-27-08; 8:45 am]
BILLING CODE 4910-13-P