[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Proposed Rules]
[Pages 13496-13498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0293; Directorate Identifier 2007-NM-287-AD]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42-200, -300, -320, -500 
Airplanes; and Model ATR72-101, -201, -102, -202, -211, -212, and -212A 
Airplanes

AGENCY: Federal Aviation Administration (FAA), 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) 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 incident evidenced that some failures of the Pitot 
probe heating resistance may not be seen by the low current 
detection system on aircraft not equipped with [ATR] modification 
05469 * * *. In some conditions, an out of tolerance resistance, 
failing to provide a proper Pitot probe de-icing could not be 
detected.
* * * * *
The unsafe condition is that undetected icing of the pitot probe could 
produce incorrect airspeed readings, which could lead to loss of 
control of the airplane. 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 14, 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, FAA, Transport Airplane Directorate, 
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-2008-0293; 
Directorate Identifier 2007-NM-287-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 
Airworthiness Directive 2007-0179, dated July 31, 2007 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    A recent incident evidenced that some failures of the Pitot 
probe heating resistance may not be seen by the low current 
detection system on aircraft not equipped with [ATR] modification 
05469 (SB (Service Bulletin) ATR42-30-0072 or ATR72-30-1042). In 
some conditions, an out of tolerance resistance, failing to provide 
a proper Pitot probe de-icing could not be detected.
    To address this unsafe condition, this Airworthiness Directive 
(AD) requires repetitive verification of the Pitot probes'

[[Page 13497]]

resistance and replacement of any defective probes, and ultimate 
replacement of the three low current sensors for Captain, First 
Officer and Standby Pitot probes.

The unsafe condition is that undetected icing of the pitot probe could 
produce incorrect airspeed readings, which could lead to loss of 
control of the airplane. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    ATR has issued the service information described in the following 
table. The actions described in this service information are intended 
to correct the unsafe condition identified in the MCAI.

                                               Service Information
----------------------------------------------------------------------------------------------------------------
 Avions de Transport Regional Service
               Bulletin                            Revision level                            Date
----------------------------------------------------------------------------------------------------------------
ATR42-30-0072.........................  1..................................  June 1, 2005.
ATR42-30-0074.........................  Original...........................  May 14, 2007.
ATR72-30-1042.........................  1..................................  June 1, 2005.
ATR72-30-1044.........................  Original...........................  May 14, 2007.
----------------------------------------------------------------------------------------------------------------

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 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 51 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $1,880 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 
costs. 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 the proposed AD on U.S. operators to 
be $112,200, or $2,200 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 Regional (Formerly Aerospatiale): 
Docket No. FAA-2008-0293; Directorate Identifier 2007-NM-287-AD.

Comments Due Date

    (a) We must receive comments by April 14, 2008.

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; all serial numbers; 
except for airplanes having ATR Modification 05469 installed in 
production, or installed in

[[Page 13498]]

service in accordance with Avions de Transport Regional Service 
Bulletin ATR42-30-0072 or ATR72-30-1042, both Revision l, both dated 
June 1, 2005; as applicable.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and 
Rain Protection.

Reason

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

    A recent incident evidenced that some failures of the Pitot 
probe heating resistance may not be seen by the low current 
detection system on aircraft not equipped with [ATR] modification 
05469 (SB (Service Bulletin) ATR42-30-0072 or ATR72-30-1042). In 
some conditions, an out of tolerance resistance, failing to provide 
a proper Pitot probe de-icing could not be detected.
    To address this unsafe condition, this Airworthiness Directive 
(AD) requires repetitive verification of the Pitot probes' 
resistance and replacement of any defective probes, and ultimate 
replacement of the three low current sensors for Captain, First 
Officer and Standby Pitot probes.

    The unsafe condition is that undetected icing of the pitot probe 
could produce incorrect airspeed readings, which could lead to loss 
of control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 550 flight hours after the effective date of this AD, 
measure the heating resistance of the three pitot probes, in 
accordance with the Accomplishment Instructions of Avions de 
Transport Regional Service Bulletin ATR42-30-0074 or ATR72-30-1044, 
both dated May 14, 2007, as applicable. If any resistance exceeds 50 
ohms, before next flight, replace the pitot probe in accordance with 
the Accomplishment Instructions of the applicable service bulletin. 
Repeat the measurement thereafter at intervals not to exceed 550 
flight hours, until the current sensors have been replaced as 
required by paragraph (f)(2) of this AD.
    (2) Within 5,000 flight hours after the effective date of this 
AD, replace the three pitot probe current sensors, in accordance 
with the Accomplishment Instructions of Avions de Transport Regional 
Service Bulletin ATR42-30-0072 or ATR72-30-1042, both Revision 1, 
both dated June 1, 2005; as applicable. Doing this paragraph ends 
the repetitive inspections required by paragraph (f)(1) of this AD.

FAA AD Differences

    Note: 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, 
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 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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0179, dated July 31, 2007, and the 
service information described in Table 1 of this AD, for related 
information.

                                          Table 1.--Service Information
----------------------------------------------------------------------------------------------------------------
 Avions de Transport Regional Service
               Bulletin                            Revision level                           Dated
----------------------------------------------------------------------------------------------------------------
ATR42-30-0072.........................  1..................................  June 1, 2005.
ATR42-30-0074.........................  Original...........................  May 14, 2007.
ATR72-30-1042.........................  1..................................  June 1, 2005.
ATR72-30-1044.........................  Original...........................  May 14, 2007.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-5003 Filed 3-12-08; 8:45 am]
BILLING CODE 4910-13-P