[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Proposed Rules]
[Pages 71961-71963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28163]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1237; Directorate Identifier 2008-NM-125-AD]
RIN 2120-AA64


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

[C]hafed wirings were found in the rear baggage zone, closed [close] 
to the forward side of the aft pressure bulkhead, due to contact 
with an understructure securing screw. The concerned wiring harness 
includes rudder trim, pitch trim and stick pusher control wires. 
Damages on those wires might lead to the loss of fail safe criteria 
for those critical functions.

    The unsafe condition is reduced controllability 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 December 26, 
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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

[[Page 71962]]

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-2008-1237; 
Directorate Identifier 2008-NM-125-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 2008-0062, dated April 1, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    One ATR operator reported some spurious ``Pitch disconnect'' 
warning and ``AIL and R ELEV'' Anti-Ice Horn Fault caution 
annunciations which precluded the use of the autopilot.
    During the investigation, chafed wirings were found in the rear 
baggage zone, closed [close] to the forward side of the aft pressure 
bulkhead, due to contact with an understructure securing screw. The 
concerned wiring harness includes rudder trim, pitch trim and stick 
pusher control wires. Damages on those wires might lead to the loss 
of fail safe criteria for those critical functions.
    To address the identified unsafe condition, this AD mandates a 
one-time inspection and a routing modification of the electrical 
wires in the bulkhead area.

    The unsafe condition is reduced controllability of the airplane. 
The corrective action also includes contacting ATR for repair 
instructions and doing the repair if any damage (chafing or contact 
between bundles of cables and the airframe structure) is found during 
the one-time inspection. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    ATR has issued Service Bulletins ATR42-92-0015, ATR42-92-0018, 
ATR72-92-1016, and ATR72-92-1018, all dated February 11, 2008. 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 
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 48 products of U.S. registry. We also estimate that 
it would take about 5 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 $131 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 $25,488, or $531 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, Incorporation by 
reference, 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.

[[Page 71963]]

FAA-2008-1237; Directorate Identifier 2008-NM-125-AD.

Comments Due Date

    (a) We must receive comments by December 26, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) ATR Model ATR42-200, ATR42-300, and ATR42-320 airplanes, all 
serial numbers, except serial numbers 1 through 107 inclusive, 110 
through 112 inclusive, 114, and 115, and except airplanes on which 
ATR Service Bulletin ATR42-92-0018, dated February 11, 2008, has 
been incorporated.
    (2) ATR Model ATR42-500 airplanes, all serial numbers, except 
serial numbers 667 and subsequent, and except airplanes on which ATR 
Service Bulletin ATR42-92-0018, dated February 11, 2008, has been 
incorporated.
    (3) ATR Model ATR72-101, ATR72-201, ATR72-102, ATR72-202, ATR72-
211, ATR72-212, and ATR72-212A airplanes, all serial numbers except 
serial numbers 756 and subsequent, and except airplanes on which ATR 
Service bulletin ATR72-92-1018, dated February 11, 2008, has been 
incorporated.

Subject

    (d) Air Transport Association (ATA) of America Code 24: 
Electrical Power.

Reason

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

    One ATR operator reported some spurious ``Pitch disconnect'' 
warning and ``AIL and R ELEV'' Anti-Ice Horn Fault caution 
annunciations which precluded the use of the autopilot.
    During the investigation, chafed wirings were found in the rear 
baggage zone, closed [close] to the forward side of the aft pressure 
bulkhead, due to contact with an understructure securing screw. The 
concerned wiring harness includes rudder trim, pitch trim and stick 
pusher control wires. Damages on those wires might lead to the loss 
of fail safe criteria for those critical functions.
    To address the identified unsafe condition, this AD mandates a 
one-time inspection and a routing modification of the electrical 
wires in the bulkhead area.

    The unsafe condition is reduced controllability of the airplane. 
The corrective action also includes contacting ATR for repair 
instructions and doing the repair if any damage (chafing or contact 
between bundles of cables and the airframe structure) is found 
during the one-time inspection.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 550 flight hours after the effective date of this AD, 
perform a one-time detailed inspection for damage of the electrical 
routing in the rear baggage zone in accordance with the 
Accomplishment Instructions of ATR Service Bulletin ATR42-92-0015 or 
ATR72-92-1016, both dated February 11, 2008, as applicable.
    (2) If any damage is found during the inspection required by 
paragraph (f)(1) of this AD, do the actions in paragraphs (f)(2)(i) 
and (f)(2)(ii) of this AD.
    (i) Before further flight contact ATR for repair instructions, 
and do the repair.
    (ii) Before further flight, modify the electrical routing and 
protective sleeve in the rear cargo compartment at frame 44 in 
accordance with the Accomplishment Instructions of ATR Service 
Bulletin ATR42-92-0018 or ATR72-92-1018, both dated February 11, 
2008, as applicable.
    (3) If no damage is found during the inspection required by 
paragraph (f)(1) of this AD: Within 5,000 flight hours after the 
effective date of this AD, modify the electrical routing and replace 
the protective sleeve in the rear cargo compartment at frame 44 in 
accordance with the Accomplishment Instructions of ATR Service 
Bulletin ATR42-92-0018 or ATR72-92-1018, both dated February 11, 
2008, as applicable.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI or service information tells you to submit 
information to the manufacturer, such submittal is not required by 
this AD.

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, 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.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0062, dated 
April 1, 2008, and ATR Service Bulletins ATR42-92-0015, ATR42-92-
0018, ATR72-92-1016, and ATR72-92-1018, all dated February 11, 2008, 
for related information.

    Issued in Renton, Washington, on November 16, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-28163 Filed 11-25-08; 8:45 am]
BILLING CODE 4910-13-P