[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Rules and Regulations]
[Pages 38887-38889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14477]


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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; 
Amendment 39-15587; AD 2008-13-24]
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), 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:

    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.

* * * * *

[[Page 38888]]

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

DATES: This AD becomes effective August 12, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 12, 
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, 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 April 11, 2008 (73 
FR 19768). That NPRM proposed 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.

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.

Costs of Compliance

    We estimate that this AD will affect about 51 products of U.S. 
registry. We also estimate that it will take about 2 work-hours 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 $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 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:

2008-13-24 ATR--GIE Avions de Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-15587. Docket No. FAA-2008-0409; 
Directorate Identifier 2007-NM-265-AD.

[[Page 38889]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
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 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 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, 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 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.

Material Incorporated by Reference

    (i) You must use Avions de Transport Regional Service Bulletin 
ATR42-27-0098, dated December 19, 2006; or Avions de Transport 
Regional Service Bulletin ATR72-27-1060, dated December 19, 2006; as 
applicable; to do the actions required by this AD, unless the AD 
specifies otherwise.
    (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 June 10, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-14477 Filed 7-7-08; 8:45 am]
BILLING CODE 4910-13-P