[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42898-42900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17293]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0624; Directorate Identifier 2013-NM-071-AD]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
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 ATR72-101, -
201, -102, -202, -211, -212, and -212A airplanes. This proposed AD was
prompted by reports of airplane incidents and accidents that have
occurred because of low-level fuel tank situations and fuel starvation
that resulted in engine flameouts. This proposed AD would require
installing a fuel quantity indicator (FQI) equipped with a locking
adaptor on the electrical connector. We are proposing this AD to
prevent an engine flame-out, which could result in reduced
controllability of the airplane.
DATES: We must receive comments on this proposed AD by September 3,
2013.
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 W12-140, 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 review copies of the
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; 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, 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-2013-0624;
Directorate Identifier 2013-NM-071-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 2013-0047, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Large aeroplane incidents and accidents have occurred because of
fuel tank low level situations, or because of fuel starvation,
resulting in one or several engine(s) flame-out. The results of the
investigation into an ATR 72 accident in August 2005 have shown that
overruling standard operational procedures and maintenance practices
have led to this kind of occurrence.
[[Page 42899]]
Consequently, additional actions to help avoid maintenance
errors, like installation of a wrong gauge or wrong indicator, need
to be taken.
Although it is recognised that the fuel (indicating) system of
the ATR42/72 type design is compliant with the applicable
requirements, the risk of other maintenance errors will be mitigated
by making installation of an ATR 42 Fuel Quantity Indicator (FQI) on
an ATR 72 aeroplane mechanically impossible through a specific
design change on the ATR 72.
For the reasons described above, this [EASA] AD requires
modification of the ATR 72 FQI by installing a locking adaptor on
the electrical connector.
We are proposing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane. 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
ATR72-28-1026, dated February 26, 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 the same
type design.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 25 products 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 $3,882 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 the proposed AD on U.S. operators to
be $101,300, or $4,052 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 proposed 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.
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
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:
ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2013-
0624; Directorate Identifier 2013-NM-071-AD.
(a) Comments Due Date
We must receive comments by September 3, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes,
certificated in any category, except airplanes that have received
ATF modification 5948 in production.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by reports of airplane incidents and
accidents that have occurred because of low-level fuel tank
situations and fuel starvation that resulted in engine flameouts. We
are issuing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Installation
At the applicable compliance times specified in paragraph (g)(1)
or (g)(2) of this AD: Install a fuel quantity indicator (FQI)
equipped with a locking adaptor on the electrical connector, in
accordance with the Accomplishment Instructions of Avions de
Transport R[eacute]gional Service Bulletin ATR72-28-1026, dated
February 26, 2013.
(1) For airplanes on which a fuel secondary low level detection
system is not installed: Within 24 months after the effective date
of this AD.
(2) For airplanes on which a fuel secondary low level detection
system is installed: Within 36 months after the effective date of
this AD.
Note 1 to paragraph (g) of this AD: The fuel secondary low level
detection system may have been installed through the embodiment of
ATR modification 04686 in production, or as applicable, through ATR
Service Bulletins ATR72-28-1013 or ATR72-28-1022 in service.
[[Page 42900]]
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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) 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.
(i) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0047, dated March 4, 2013; and Avions de Transport R[eacute]gional
Service Bulletin ATR72-28-1026, dated February 26, 2013; for related
information.
(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 review copies of the
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.
Issued in Renton, Washington, on July 11, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-17293 Filed 7-17-13; 8:45 am]
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