[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Proposed Rules]
[Pages 48107-48110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19374]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0568; Directorate Identifier 2014-NM-075-AD]
RIN 2120-AA64


Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional

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 
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and 
ATR72 airplanes. This proposed AD was prompted by reports of fuel 
quantity indication malfunctions caused by fuel probe failure. This 
proposed AD would require identifying the part number and serial number 
of the fuel probes and replacing if necessary. We are proposing this AD 
to prevent fuel probe failure, which could lead to undetected fuel 
starvation and consequent dual engine in-flight flame-out.

DATES: We must receive comments on this proposed AD by September 29, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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

[[Page 48108]]

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 W12-140, 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; email [email protected]; 
Internet http://www.aerochain.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2014-
0568; or in person at the Docket Management Facility 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, WA 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-2014-0568; 
Directorate Identifier 2014-NM-075-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 2014-0075R1, dated April 24, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain ATR-GIE 
Avions de Transport R[eacute]gional Model ATR42-200, -300, -320, and -
500 airplanes; and ATR72-101, -201, -102, -202, -211, -212, and -212A 
airplanes. The MCAI states:

    A significant number of fuel probes installed on ATR aeroplanes 
failed during production tests and several occurrences of fuel 
quantity indication malfunctions were recently reported on in-
service aeroplanes.
    The subsequent investigation, conducted on the failed parts, 
confirmed a loss of ground connection on the terminal block of the 
fuel probe, due to an incorrect application of wiring instructions 
in production during fuel probe manufacturing between June 2011 and 
August 2013. The investigation identified a batch of parts, 
suspected to be affected by this manufacturing defect. Some of these 
probes were delivered as spares, and operators may have installed 
these probes on their in-service aeroplanes.
    In case an affected fuel probe is installed on each wing of an 
aeroplane, being not equipped with an independent fuel low level 
measurement system or an aeroplane operated in accordance with ETOPS 
[extended range twin operations] rules, the defected fuel probes 
could indicate a higher fuel quantity value than the real quantity 
of the on-board fuel.
    This condition, if not detected and corrected, could lead to an 
undetected fuel starvation and consequent dual engine in-flight 
flame out.
    For the reasons described above, this [EASA] AD requires the 
identification and replacement of the affected fuel probes.

    This [EASA] AD is revised to correct typographical errors.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0568.

Relevant Service Information

    Zodiac Aerospace Services Europe has issued Service Bulletin 
766983-28-002, dated October 15, 2013. 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 these 
same type designs.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed

[[Page 48109]]

during accomplishment of an AD mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, the European Aviation Safety Agency (EASA), or 
ATR-GIE Avions de Transport R[eacute]gional's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DOA, the approval must include the DOA-authorized 
signature. The DOA signature indicates that the data and information 
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``design approval holder (DAH) with State of 
Design Authority design organization approval,'' but instead we have 
provided the specific delegation approval granted by the State of 
Design Authority for the DAH throughout this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 81 airplanes of U.S. 
registry.
    We also estimate that it would take about 2 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $13,770, or $170 per product.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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

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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2014-
0568; Directorate Identifier 2014-NM-075-AD.

(a) Comments Due Date

    We must receive comments by September 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD.
    (1) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, -300, -320, and -500 airplanes; and Model ATR72-101, -201, -
102, -202, -211, -212, and -212A airplanes; certificated in any 
category; all manufacturer serial numbers qualified for extended 
range twin operations (ETOPS) with ATR Modification 04711.
    (2) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, -300, -320, and -500 airplanes; certificated in any category; 
except as specified in paragraph (c)(2)(i) or (c)(2)(ii) of this AD.
    (i) Airplanes modified with ATR Modification 04650.

[[Page 48110]]

    (ii) Airplanes retrofitted as specified in ATR Service Bulletin 
ATR42-28-0033 or ATR42-28-0034, as applicable.
    (3) ATR--GIE Avions de Transport R[eacute]gional Model ATR72-
101, -201, -102, -202, -211, -212, and -212A airplanes; certificated 
in any category; all manufacturer serial numbers; except as 
specified in paragraph (c)(3)(i) or (c)(3)(ii) of this AD.
    (i) Airplanes modified with ATR Modification 04686.
    (ii) Airplanes retrofitted as specified in ATR Service Bulletin 
ATR72-28-1013, ATR72-28-1022, or ATR72-28-1023, as applicable.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of fuel quantity indication 
malfunctions caused by fuel probe failure. We are issuing this AD to 
detect and correct affected fuel probes, which could lead to 
undetected fuel starvation and consequent dual engine in-flight 
flame-out.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Part Number (P/N) and Serial Number (S/N) Inspection

    Within 5,000 flight hours or 24 months, whichever occurs first 
after the effective date of this AD: Inspect to determine if any 
fuel probe has any P/N and S/N identified in table 1 to paragraph 
(g) of this AD. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number and serial 
number of the part can be conclusively determined from that review.

        Table 1 to Paragraph (g) of This AD--Affected Fuel Probes
------------------------------------------------------------------------
        Airplane model             Part number         Serial number
------------------------------------------------------------------------
ATR 42........................  766-046-2........  1046 through 1083
                                                    inclusive.
ATR 42........................  766-047-2........  1154 through 1214
                                                    inclusive.
ATR 42........................  766-048-2........  1150 through 1197
                                                    inclusive.
ATR 42........................  768-055..........  1156 through 1227
                                                    inclusive.
ATR 42........................  798-038..........  1150 through 1238
                                                    inclusive.
ATR 72........................  766-793-1........  1469 through 1826
                                                    inclusive.
ATR 72........................  766-795-2........  1661 through 2093
                                                    inclusive.
ATR 72........................  766-796-2........  1722 through 2152
                                                    inclusive.
ATR 72........................  766-797-2........  1663 through 2051
                                                    inclusive.
ATR 72........................  766-983-1........  2200 through 2652
                                                    inclusive.
ATR 72........................  768-100..........  1511 through 1876
                                                    inclusive.
------------------------------------------------------------------------

(h) Replacement

    If any fuel probe that has any part number and serial number 
specified in table 1 to paragraph (g) of this AD is found: Within 
5,000 flight hours or 24 months, whichever occurs first after the 
effective date of this AD, replace the fuel probe with a serviceable 
fuel probe, using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, or the 
European Aviation Safety Agency (EASA); or ATR-GIE Avions de 
Transport R[eacute]gional's EASA Design Organization Approval (DOA). 
If approved by the DOA, the approval must include the DOA-authorized 
signature.

    Note 1 to paragraph (h) of this AD:  Guidance on accomplishing 
the replacement can be found in ATR-42 Aircraft Maintenance Manual 
Job Instruction Card 28-42-72, RAI 10000-001, and ATR-72 Aircraft 
Maintenance Manual Job Instruction Card 28-42-72, RAI 10000-002.

(i) Definition of Serviceable Fuel Probe

    For the purposes of this AD, the definition of a serviceable 
fuel probe is specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) The fuel probe is not listed in table 1 to paragraph (g) of 
this AD.
    (2) The fuel probe is listed in table 1 to paragraph (g) of this 
AD, but has control tag ``C'' marked on the part identification 
plate, as specified in Zodiac Aerospace Services Europe Service 
Bulletin 766983-28-002, dated October 15, 2013.

(j) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on 
any airplane, a fuel probe having any part number and serial number 
identified in table 1 to paragraph (g) of this AD, unless control 
tag ``C'' is marked on the part identification plate, as specified 
in Zodiac Aerospace Services Europe Service Bulletin 766983-28-002, 
dated October 15, 2013.

(k) Other FAA AD Provisions

    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. 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, 
WA 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Information may be emailed 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or 
ATR-GIE Avions de Transport R[eacute]gional's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0075R1, dated April 24, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0568.
    (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; email [email protected]; 
Internet http://www.aerochain.com. You may view this service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 6, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19374 Filed 8-14-14; 8:45 am]
BILLING CODE 4910-13-P