[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47520-47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19902]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0721; Directorate Identifier 2010-NM-217-AD]
RIN 2120-AA64


Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42 and ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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:

    One ATR operator has experienced in-flight elevator travel 
limitations with unusual effort being necessary on pitch axis to 
control the aeroplane, while the ``pitch mistrim'' message appeared 
on the ADU [advisory display unit] display. The elevators seemed to 
be jammed.
    During the post-flight inspection, it was discovered that the LH 
[left-hand] elevator lower stop assembly was broken at the level of 
the angles, which may have prevented the elevator to respond 
normally to the flight control input.
    This condition, if not detected and corrected, could lead to 
reduced control of the aeroplane.
* * * * *

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 September 19, 
2011.

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 proposed 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. You may review copies of the 
referenced 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.

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:

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-2011-0721; 
Directorate Identifier 2010-NM-217-AD'' at the beginning of

[[Page 47521]]

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 2010-0138, dated July 1, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    One ATR operator has experienced in-flight elevator travel 
limitations with unusual effort being necessary on pitch axis to 
control the aeroplane, while the ``pitch mistrim'' message appeared 
on the ADU display. The elevators seemed to be jammed.
    During the post-flight inspection, it was discovered that the LH 
elevator lower stop assembly was broken at the level of the angles, 
which may have prevented the elevator to respond normally to the 
flight control input.
    This condition, if not detected and corrected, could lead to 
reduced control of the aeroplane.
    For the reasons described above, and as a precautionary measure, 
this [EASA] AD requires a one-time [general visual and detailed] 
inspection [for damaged angles] of the elevator hinge fittings and 
the reporting of all findings. Depending on the results, further 
action may be considered.

Corrective actions also include replacement of damaged angles with 
serviceable parts; and a detailed inspection of adjacent areas for 
damage, and repair if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Avions de Transport R[eacute]gional has issued Service Bulletin 
ATR42-55-0014, dated May 11, 2010; and Service Bulletin ATR72-55-1006, 
dated May 11, 2010. 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 86 products of U.S. registry. We also estimate that 
it would take about 4 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $29,240, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 60 work-hours and require parts costing up to $960, for a 
cost of up to $6,060 per product. We have no way of determining the 
number of products that may need these actions.

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: Docket No. FAA-2011-
0721; Directorate Identifier 2010-NM-217-AD.

Comments Due Date

    (a) We must receive comments by September 19, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300,

[[Page 47522]]

-320, and -500 airplanes, all manufacturer serial numbers (MSN) up 
to MSN 643 inclusive; and Model ATR72-101, -102, -201, -202, -211, -
212, and -212A airplanes, all MSNs up to MSN 728 inclusive; 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One ATR operator has experienced in-flight elevator travel 
limitations with unusual effort being necessary on pitch axis to 
control the aeroplane, while the ``pitch mistrim'' message appeared 
on the ADU [advisory display unit] display. The elevators seemed to 
be jammed.
    During the post-flight inspection, it was discovered that the LH 
[left-hand] elevator lower stop assembly was broken at the level of 
the angles, which may have prevented the elevator to respond 
normally to the flight control input.
    This condition, if not detected and corrected, could lead to 
reduced control of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 6 months after the effective date of this AD, perform 
a general visual inspection of the inboard hinge fitting area and a 
detailed inspection of lower stop angles of the inboard hinge 
fittings on both LH and right-hand (RH) elevators, in accordance 
with the Accomplishment Instructions of Avions de Transport 
R[eacute]gional Service Bulletin ATR42-55-0014, dated May 11, 2010; 
or Avions de Transport R[eacute]gional Service Bulletin ATR72-55-
1006, dated May 11, 2010; as applicable.
    (1) If any damaged angle is found during the inspection required 
by paragraph (g) of this AD, before further flight, replace the 
damaged angles with serviceable parts and accomplish a detailed 
inspection of the adjacent areas to detect any damage, in accordance 
with the Accomplishment Instructions of Avions de Transport 
R[eacute]gional Service Bulletin ATR42-55-0014, dated May 11, 2010; 
or Avions de Transport R[eacute]gional Service Bulletin ATR72-55-
1006, dated May 11, 2010; as applicable.
    (2) If any damage is detected in adjacent areas during the 
inspection required by paragraph (g)(1) of this AD, before further 
flight, repair the damage using a method approved by either the 
Manager, International Branch, ANM 116, Transport Airplane 
Directorate, FAA; or European Aviation Safety Agency (EASA) (or its 
delegated agent).
    (h) Submit a report of the findings (damaged angles found on the 
LH and RH side elevator) of the inspection required by paragraph (g) 
of this AD to ATR Engineering, Service Bulletin Group, 1 Allee 
Pierre Nadot, 31712 Blagnac Cedex, France, at the applicable time 
specified in paragraph (h)(1) or (h)(2) of this AD. The report must 
include the MSN, accomplishment date, registration number, number of 
flights, flight hours, inspection results, and performed actions. In 
addition, return any damaged lower stop angles to ATR Engineering, 
Service Bulletin Group, 1 Allee Pierre Nadot, 31712 Blagnac Cedex, 
France.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, has the authority to approve AMOCs 
for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the International 
Branch, send it 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. Information may be e-mailed to: 
[email protected]. Before using any approved AMOC, 
notify your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding 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: A Federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0138, dated 
July 1, 2010; Avions de Transport R[eacute]gional Service Bulletin 
ATR42-55-0014, dated
    May 11, 2010; and Avions de Transport R[eacute]gional Service 
Bulletin ATR72-55-1006, dated May 11, 2010; for related information.

    Issued in Renton, Washington, on July 26, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-19902 Filed 8-4-11; 8:45 am]
BILLING CODE 4910-13-P