[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Rules and Regulations]
[Pages 56713-56717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26289]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0999; Directorate Identifier 2009-NM-155-AD; 
Amendment 39-16069; AD 2008-04-19 R1]
RIN 2120-AA64


Airworthiness Directives; ATR Model ATR42 and ATR72 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 that would revise an existing AD. 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:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, * * * Special Federal Aviation 
Regulation 88 (SFAR88) * * * required a safety review of the 
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' * * *. These are identified in 
Failure Conditions for which an unacceptable probability of ignition 
risk could exist if specific tasks and/or

[[Page 56714]]

practices are not performed in accordance with the manufacturers' 
requirements.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 18, 2009.
    On April 3, 2008 (73 FR 10652, February 28, 2008), the Director of 
the Federal Register approved the incorporation by reference of certain 
publications listed in the AD.
    We must receive comments on this AD by December 18, 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.
    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.

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) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 15, 2008, we issued AD 2008-04-19, Amendment 39-15391 
(73 FR 10652, February 28, 2008). That AD applied to all ATR Model 
ATR42-200, -300, -320, and -500 airplanes; and all ATR Model ATR72-101, 
-201, -102, -202, -211, -212, and -212A airplanes. That AD required 
revising the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness (ICA) to incorporate new 
limitations for fuel tank systems.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.
    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. We are 
issuing this AD to revise AD 2008-04-19. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components. We have renumbered subsequent notes accordingly.

Explanation of Additional Change to AD

    AD 2008-04-19 allowed the use of alternative inspections, 
inspection intervals, and CDCCLs if they are part of a later revision 
of the ATR 42-200/ -300/-320 Maintenance Review Board Report (MRBR), 
Revision 7, dated March 31, 2006; ATR 42-400/-500 MRBR, Revision 6, 
dated March 26, 2007; or ATR 72 MRBR, Revision 8, dated March 26, 2007. 
That provision has been removed from this AD. Allowing the use of ``a 
later revision'' of a specific service document violates Office of the 
Federal Register policies for approving materials that are incorporated 
by reference. Affected operators, however, may request approval to use 
an alternative inspection, inspection interval, or CDCCL that is part 
of a later revision of the referenced service documents as an 
alternative method of compliance, under the provisions of paragraph (g) 
of this AD.

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.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    We estimate that this AD will affect about 84 products of U.S. 
registry. We also estimate that it will take about 1 work-hour 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 $6,720, or $80 per 
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and

[[Page 56715]]

makes no substantive change to the AD's requirements. For this reason, 
it is found that notice and opportunity for prior public comment for 
this action are unnecessary, and good cause exists for making this 
amendment effective in less than 30 days.

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 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-2009-0999; Directorate 
Identifier 2009-NM-155-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 removing amendment 39-15391 (73 FR 
10652, February 28, 2008) and adding the following new AD:

2008-04-19 R1 ATR--GIE Avions de Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-16069. Docket No. FAA-2009-0999; 
Directorate Identifier 2009-NM-155-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
18, 2009.

Affected ADs

    (b) This AD revises AD 2008-04-19, Amendment 39-15391.

Applicability

    (c) This AD applies to all ATR Model ATR 42-200, -300, -320, and 
-500 airplanes; and all ATR Model ATR 72-101, -201, -102, -202, -
211, -212, and -212A airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.


Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulation) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was 
requested to be mandated by NAA's (National Aviation Authorities) 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, http://www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: The date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations (comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL)) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.
    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness (ICA) 
to incorporate new limitations for fuel tank systems.

[[Page 56716]]

Restatement of AD 2008-04-19 With Changes to Compliance Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after April 3, 2008 (the effective date of 
AD 2008-04-19), revise the ALS of the ICA to incorporate Task 
28.10.00 ``Fuel Tank--General,'' and Task 28.20.00 ``Distribution,'' 
of the Certification Maintenance Requirements (CMR) Section of the 
Time Limits Section of Part 1 of the ATR 42-200/-300/-320 
Maintenance Review Board Report (MRBR), Revision 7, dated March 31, 
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or 
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable. 
For all tasks identified in the applicable MRBR, the initial 
compliance times start from the later of the times specified in 
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, except as provided 
by paragraphs (f)(3) and (g) of this AD. The repetitive inspections 
must be accomplished thereafter at the interval specified in the 
applicable MRBR.
    (i) April 3, 2008.
    (ii) The date of issuance of the original French standard 
airworthiness certificate or the date of issuance of the original 
French export certificate of airworthiness.
    (2) Within 3 months after April 3, 2008, revise the ALS of the 
ICA to incorporate the CDCCLs as defined in Section 4., ``Critical 
Design Configuration Control List,'' of the Airworthiness 
Limitations Section of the Time Limits Section of Part 1 of the ATR 
42-200/-300/-320 MRBR, Revision 7, dated March 31, 2006; the ATR 42-
400/-500 MRBR, Revision 6, dated March 26, 2007; or the ATR 72 MRBR, 
Revision 8, dated March 26, 2007; as applicable.
    (3) For the task titled ``Detailed visual inspection of the fuel 
tanks and associated equipment, wiring, piping and braids'' (CMR 
task reference 28.10.00-1): The initial compliance time is the later 
of the times specified in paragraphs (f)(3)(i) and (f)(3)(ii) of 
this AD. Thereafter, the task titled ``Detailed visual inspection of 
the fuel tanks and associated equipment, wiring, piping and braids'' 
must be accomplished at the repetitive interval specified in Section 
4., ``Critical Design Configuration Control List,'' of the 
Airworthiness Limitations Section of the Time Limits Section of Part 
1 of the ATR 42-200/-300/-320 MRBR, Revision 7, dated March 31, 
2006; the ATR 42-400/-500 MRBR, Revision 6, dated March 26, 2007; or 
the ATR 72 MRBR, Revision 8, dated March 26, 2007; as applicable.
    (i) Within 144 months since the date of issuance of the original 
French standard airworthiness certificate or the date of issuance of 
the original French export certificate of airworthiness.
    (ii) Within 72 months or 20,000 flight hours after April 3, 
2008, whichever occurs first.
    (4) After accomplishing the actions specified in paragraphs 
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspection, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are approved as an alternative method of 
compliance (AMOC), in accordance with the procedures specified in 
paragraph (g) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraph (f) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the ALS has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

FAA AD Differences

    Note 3: 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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office.
    (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 ensure 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 (44 
U.S.C. 3501 et seq.), 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 Airworthiness 
Directive 2006-0219R1, dated June 29, 2007, and the service 
information identified in Table 1 of this AD, for related 
information.

                      Table 1--Service Information
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                                   Revision
            Document                level                Date
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Time Limits Section of Part 1              7  March 31, 2006.
 of the ATR 42-200/-300/-320
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              6  March 26, 2007.
 of the ATR 42-400/-500
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              8  March 26, 2007.
 of the ATR 72 Maintenance
 Review Board Report.
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Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 2 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
                                   Revision
            Document                level                Date
------------------------------------------------------------------------
Time Limits Section of Part 1              7  March 31, 2006.
 of the ATR 42[dash]200/
 [dash]300/[dash]320
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              6  March 26, 2007.
 of the ATR 42[dash]400/-500
 Maintenance Review Board
 Report.
Time Limits Section of Part 1              8  March 26, 2007.
 of the ATR 72 Maintenance
 Review Board Report.
------------------------------------------------------------------------


[[Page 56717]]

    (1) The Director of the Federal Register previously approved the 
incorporation by reference of this service information on April 3, 
2008 (73 FR 10652, February 28, 2008).
    (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 October 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26289 Filed 11-2-09; 8:45 am]
BILLING CODE 4910-13-P