[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27695-27698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13405]


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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; 
Amendment 39-15932; AD 2009-12-09]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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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:

* * * * *
    [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. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective July 16, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 16, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on November 26, 2008 
(73 FR 71961). That NPRM proposed 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.

Explanation of Change to the NPRM

    We have revised paragraph (c) of the AD to coincide with the 
effectivity of the European Aviation Safety Agency (EASA) AD.

Explanation of Revised Service Information

    ATR has issued the service bulletins identified in the following 
table.

                   Table--Revised Service Information
------------------------------------------------------------------------
     ATR Service Bulletin--       Revision--            Dated--
------------------------------------------------------------------------
ATR42-92-0015, including                  01  February 11, 2009.
 Accomplishment Report.
ATR42-92-0018, including                  01  September 4, 2008.
 Accomplishment Report.
ATR42-92-0018, including                  02  February 13, 2009.
 Accomplishment Report.
ATR72-92-1016, including                  01  February 11, 2009.
 Accomplishment Report.

[[Page 27696]]

 
ATR72-92-1018, including                  01  September 4, 2008.
 Accomplishment Report.
ATR72-92-1018, including                  02  February 13, 2009.
 Accomplishment Report.
------------------------------------------------------------------------

These service bulletins differ from the original issues of those 
service bulletins, all dated February 11, 2008 (which were referenced 
in the NPRM), by including clarifications and editorial changes that do 
not affect the technical content. This AD does not require the 
``Additional Work'' described in ATR Service Bulletins ATR42-92-0018 
and ATR72-92-1018, both Revision 01, both dated September 4, 2008.
    We have changed paragraphs (f)(1), (f)(2), and (f)(3) of this AD to 
refer to the most recent revisions of the service bulletins identified 
in the previous table, and added paragraph (f)(4) of this AD to give 
credit for actions done according to the prior issues identified in the 
following table.

                  Table--Acceptable Service Information
------------------------------------------------------------------------
   ATR Service Bulletin--        Revision--              Dated--
------------------------------------------------------------------------
ATR42-92-0015...............  Original........  February 11, 2008.
ATR42-92-0018...............  Original........  February 11, 2008.
ATR42-92-0018...............  01..............  September 4, 2008.
ATR72-92-1016...............  Original........  February 11, 2008.
ATR72-92-1018...............  Original........  February 11, 2008.
ATR72-92-1018...............  01..............  September 4, 2008.
------------------------------------------------------------------------

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined these changes will not increase the economic 
burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 48 products of U.S. registry. 
We also estimate that it will take about 5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the 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 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.

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 the NPRM, 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.

[[Page 27697]]

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:

2009-12-09 ATR-GIE Avions De Transport R[eacute]gional (Formerly 
Aerospatiale): Amendment 39-15932. Docket No. FAA-2008-1237; 
Directorate Identifier 2008-NM-125-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 16, 
2009.

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 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 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 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 Revision 01, both dated February 11, 2009, 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 Revision 02, both 
dated February 13, 2009, 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 Revision 02, both 
dated February 13, 2009, as applicable.
    (4) Actions done before the effective date of this AD in 
accordance with the service bulletins listed in Table 1 of this AD 
are acceptable for compliance with the corresponding requirements of 
this AD.

                                     Table 1--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
          ATR Service Bulletin--                     Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
ATR42-92-0015............................  Original......................  February 11, 2008.
ATR42-92-0018............................  Original......................  February 11, 2008.
ATR42-92-0018............................  01............................  September 4, 2008.
ATR72-92-1016............................  Original......................  February 11, 2008.
ATR72-92-1018............................  Original......................  February 11, 2008.
ATR72-92-1018............................  01............................  September 4, 2008.
----------------------------------------------------------------------------------------------------------------


    Note 1: This AD does not require the ``Additional Work'' 
described in ATR Service Bulletins ATR42-92-0018 and ATR72-92-1018, 
both Revision 01, both dated September 4, 2008.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    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 European Aviation Safety Agency (EASA) 
Airworthiness Directive 2008-0062, dated April 1, 2008,

[[Page 27698]]

and the ATR service bulletins contained in Table 2 of this AD, for 
related information.

                  Table 2--Related Service Information
------------------------------------------------------------------------
     ATR Service Bulletin--       Revision--            Dated--
------------------------------------------------------------------------
ATR42-92-0015, excluding                  01  February 11, 2009.
 Accomplishment Report.
ATR42-92-0018, excluding                  02  February 13, 2009.
 Accomplishment Report.
ATR72-92-1016, excluding                  01  February 11, 2009.
 Accomplishment Report.
ATR72-92-1018, excluding                  02  February 13, 2009.
 Accomplishment Report.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information contained in Table 3 of 
this AD to do the actions required by this AD, as applicable, 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 continued.airworthiness@atr.fr; 
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.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
     ATR Service Bulletin--       Revision--            Dated--
------------------------------------------------------------------------
ATR42-92-0015, excluding                  01  February 11, 2009.
 Accomplishment Report.
ATR42-92-0018, excluding                  02  February 13, 2009.
 Accomplishment Report.
ATR72-92-1016, excluding                  01  February 11, 2009.
 Accomplishment Report.
ATR72-92-1018, excluding                  02  February 13, 2009.
 Accomplishment Report.
------------------------------------------------------------------------


    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13405 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P