[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Rules and Regulations]
[Pages 27911-27913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13573]



[[Page 27911]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0524; Directorate Identifier 2009-NM-030-AD; 
Amendment 39-15935; AD 2009-12-12]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42-500 and ATR72-212A 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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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:

    Identification of an unsafe condition related to the loss of the 
fail-safe design criteria for the rudder trim, pitch trim and stick 
pusher control functions after a reported event led in April 2008 to 
the release of AD 2008-0062 to mandate the ATR modification No. 
05780.
    It has appeared that some airplanes manufactured and delivered 
before April 1, 2008, may have received on the production-line a 
partial or incorrect implementation of the required ATR mod. No. 
05780.
* * * * *
The unsafe condition is loss of the rudder trim, pitch trim, and stick 
pusher control, which could result in loss of control of the airplane. 
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 29, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications, listed in the AD as of June 29, 
2009.
    We must receive comments on this AD by July 13, 2009.

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 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) 227-1139.

SUPPLEMENTARY INFORMATION:

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 2008-0218, dated December 10, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Identification of an unsafe condition related to the loss of the 
fail-safe design criteria for the rudder trim, pitch trim and stick 
pusher control functions after a reported event led in April 2008 to 
the release of AD 2008-0062 to mandate the ATR modification No. 
05780.
    It has appeared that some airplanes manufactured and delivered 
before April 1, 2008, may have received on the production-line a 
partial or incorrect implementation of the required ATR mod. No. 
05780.
    For the reasons stated above, the present AD requires an 
inspection of the identified airplanes to verify and, finalize when 
necessary, the complete and correct implementation of the ATR mod. 
No. 05780[.]

The unsafe condition is loss of the rudder trim, pitch trim, and stick 
pusher control, which could result in loss of control of the airplane. 
Correct implementation of ATR modification No. 05780 includes 
inspecting the protection sleeves for correct installation, and 
installing new protective sleeving on the wire bundles in the rear 
baggage zone if necessary; doing a detailed inspection for correct 
positioning of the clamps for the wire bundles, and re-installing them 
if necessary. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Avions de Transport Regional has issued Service Bulletins ATR42-92-
0020 and ATR72-92-1021, both dated October 17, 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    There are no products of this type currently registered in the 
United States. However, this rule is necessary to ensure that the 
described unsafe condition is addressed if any of these products are 
placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We

[[Page 27912]]

invite you to send any written relevant data, views, or arguments about 
this AD. Send your comments to an address listed under the ADDRESSES 
section. Include ``Docket No. FAA-2009-0524; Directorate Identifier 
2009-NM-030-AD'' at the beginning of your comments. We specifically 
invite comments on the overall regulatory, economic, environmental, and 
energy aspects of this AD. We will consider all comments received by 
the closing date and may amend this AD because of 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 AD.

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.

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:

2009-12-12 ATR--GIE Avions de Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-15935. Docket No. FAA-2009-0524; 
Directorate Identifier 2009-NM-030-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 29, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of the AD, certificated in any category.
    (1) ATR Model ATR42-500 airplanes, manufacturer serial numbers 
(MSNs) 667, 669, and 671.
    (2) ATR Model ATR72-212A airplanes, MSNs 756 to 784 inclusive, 
except MSNs 770, 773, and 783.

Subject

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

Reason

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

    Identification of an unsafe condition related to the loss of the 
fail-safe design criteria for the rudder trim, pitch trim and stick 
pusher control functions after a reported event led in April 2008 to 
the release of AD 2008-0062 to mandate the ATR modification No. 
05780.
    It has appeared that some airplanes manufactured and delivered 
before April 1, 2008, may have received on the production-line a 
partial or incorrect implementation of the required ATR mod. No. 
05780.
    For the reasons stated above, the present AD requires an 
inspection of the identified airplanes to verify and, finalize when 
necessary, the complete and correct implementation of the ATR mod. 
No. 05780[.]

The unsafe condition is loss of the rudder trim, pitch trim, and 
stick pusher control, which could result in loss of control of the 
airplane. Correct implementation of ATR modification No. 05780 
includes inspecting the protection sleeves for correct installation, 
and installing new protective sleeving on the wire bundles in the 
rear baggage zone if necessary; doing a detailed inspection for 
correct positioning of the clamps for the wire bundles, and re-
installing them if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 550 flight hours after the effective date of this AD, 
do a detailed inspection to verify the installation of the correct 
protection sleeves and the correct routing and clamping of the wire 
bundles. Do the actions in accordance with the Accomplishment 
Instructions of Avions de Transport Regional Service Bulletin ATR42-
92-0020 or ATR72-92-1021, both dated October 17, 2008; as 
applicable.
    (2) If any discrepancy is found during the inspection required 
by paragraph (f)(1) of this AD, before further flight, do all 
applicable corrective actions in accordance with the Accomplishment 
Instructions of Avions de Transport Regional Service Bulletin ATR42-
92-0020 or ATR72-92-1021, both dated October 17, 2008; as 
applicable.

FAA AD Differences

    Note 1: 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) 227-1139. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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

[[Page 27913]]

requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2008-
0218, dated December 10, 2008; and Avions de Transport Regional 
Service Bulletins ATR42-92-0020 and ATR72-92-1021, both dated 
October 17, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Avions de Transport Regional Service Bulletin 
ATR42-92-0020, dated October 17, 2008; or Avions de Transport 
Regional Service Bulletin ATR72-92-1021, dated October 17, 2008; 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-
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; e-mail [email protected]; 
Internet http://www.aerochain.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13573 Filed 6-11-09; 8:45 am]
BILLING CODE 4910-13-P