[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Proposed Rules]
[Pages 19768-19770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7658]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0409; Directorate Identifier 2007-NM-265-AD]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42 Airplanes and Model 
ATR72-101, -102, -201, -202, -211, and -212 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:

    It has been found on in-service aircraft that some aileron tab 
bellcrank assemblies were not in accordance with the definition 
drawings.
    The main item concerned is the retainer Part Number 
S2711004620000, which has been manufactured with a hole larger than 
it should be, or redrilled out of limits.
    The function of the retainer is to maintain the spacer in 
position in case of rupture or loss of the bolt which links the tab 
control rod to the bellcrank assembly. If the diameter of the 
retainer hole is out of limit, the retainer function is lost and 
fail-safe installation is no longer ensured. This condition, if not 
corrected, could lead to loss of the aileron tab bellcrank 
functionality, resulting in diminished control of the aircraft.
* * * * * * *
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 May 12, 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-2008-0409; 
Directorate Identifier 2007-NM-265-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 2006-0376, dated December 19, 2006 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found on in-service aircraft that some aileron tab 
bellcrank assemblies were not in accordance with the definition 
drawings.
    The main item concerned is the retainer Part Number 
S2711004620000, which has been manufactured with a hole larger than 
it should be, or redrilled out of limits.
    The function of the retainer is to maintain the spacer in 
position in case of rupture or loss of the bolt which links the tab 
control rod to the bellcrank assembly. If the diameter of the 
retainer hole is out of limit, the retainer function is lost and 
fail-safe installation is no longer ensured. This condition, if not 
corrected, could lead to loss of the aileron tab bellcrank 
functionality, resulting in diminished control of the aircraft.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires the inspection [for proper hole diameter] of the aileron 
tab bellcrank retainer and, if necessary, the restoration of a 
proper installation [replacing any retainer which does not meet 
specified limits with a new retainer].

Corrective actions also include doing a general visual inspection (GVI) 
for discrepancies (corrosion, deformation, scratches, or other defects) 
of the bolt and fasteners of the bellcrank assembly. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    ATR has issued Avions de Transport Regional Service Bulletins 
ATR42-27-0098 and ATR72-27-1060, both dated December 19, 2006. 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

[[Page 19769]]

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 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 $8,160, 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-2008-0409; Directorate Identifier 2007-NM-265-AD.

Comments Due Date

    (a) We must receive comments by May 12, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR Model ATR42 airplanes, certificated 
in any category, all models, all serial numbers, except airplanes 
which have received ATR modification 04372 (aileron spring tab) in 
production or ATR Service Bulletin (SB) ATR42-27-0081 or Service 
Bulletin ATR42-27-0092 in service; and ATR Model ATR72-101, -102, -
201, -202, -211, and -212 airplanes, certificated in any category, 
all serial numbers, except airplanes which have received ATR 
modification 04373 (aileron spring tab) in production or ATR Service 
Bulletin ATR72-27-1045 in service.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
Controls.

Reason

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

    It has been found on in-service aircraft that some aileron tab 
bellcrank assemblies were not in accordance with the definition 
drawings.
    The main item concerned is the retainer Part Number 
S2711004620000, which has been manufactured with a hole larger than 
it should be, or redrilled out of limits.
    The function of the retainer is to maintain the spacer in 
position in case of rupture or loss of the bolt which links the tab 
control rod to the bellcrank assembly. If the diameter of the 
retainer hole is out of limit, the retainer function is lost and 
fail-safe installation is no longer ensured. This condition, if not 
corrected, could lead to loss of the aileron tab bellcrank 
functionality, resulting in diminished control of the aircraft.
    For the reasons stated above, this Airworthiness Directive (AD) 
requires the inspection [for proper hole diameter] of the aileron 
tab bellcrank retainer and, if necessary, the restoration of a 
proper installation [replacing any retainer which does not meet 
specified limits with a new retainer].

Corrective actions also include doing a general visual inspection 
(GVI) for discrepancies (corrosion, deformation, scratches, or other 
defects) of the bolt and fasteners of the bellcrank assembly.

Actions and Compliance

    (f) Within 90 days after the effective date of this AD, unless 
already done, do the following actions.
    (1) Measure the hole diameter of the retainer of the aileron 
automatic tab bellcrank assembly, in accordance with the 
Accomplishment Instructions of Avions de Transport Regional Service 
Bulletin ATR42-27-0098 or ATR72-27-1060, both dated December 19, 
2006, as applicable. If the hole diameter is within specified 
limits, no further actions are required by paragraph (f) of this AD 
for that retainer.
    (2) If any retainer exceeds the hole diameter limits specified 
in Avions de Transport Regional Service Bulletin ATR42-27-0098 or 
ATR72-27-1060, both dated December 19, 2006, as applicable, before 
further flight, replace the retainer with a retainer that meets hole 
diameter limits, in accordance with the Accomplishment Instructions 
of the applicable service bulletin. For any airplane for which a 
replacement retainer is not available, before further flight, do a 
GVI for discrepancies of the bolt and fasteners of the bellcrank 
assembly. If any discrepancies of the bolt and

[[Page 19770]]

fasteners are found, replace the retainer before further flight, in 
accordance with the Accomplishment Instructions of the applicable 
service bulletin. If no discrepancies are found, replace the 
retainer no later than 2 flight days after the hole measurement, in 
accordance with the Accomplishment Instructions of the applicable 
service bulletin.

    Note 1: For the purposes of this AD, a GVI is: ``A visual 
examination of an interior or exterior area, installation, or 
assembly to detect obvious damage, failure, or irregularity. This 
level of inspection is made from within touching distance unless 
otherwise specified. A mirror may be necessary to ensure visual 
access to all surfaces in the inspection area. This level of 
inspection is made under normally available lighting conditions such 
as daylight, hangar lighting, flashlight, or droplight and may 
require removal or opening of access panels or doors. Stands, 
ladders, or platforms may be required to gain proximity to the area 
being checked.''

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) 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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0376, dated December 19, 2006, and 
Avions de Transport Regional Service Bulletins ATR42-27-0098 and 
ATR72-27-1060, both dated December 19, 2006, for related 
information.

    Issued in Renton, Washington, on April 3, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-7658 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-13-P