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[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42898-42900]
From the Federal Register Online via the Government Printing 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 continued.airworthiness@atr.fr; 
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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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 continued.airworthiness@atr.fr; 
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]
BILLING CODE 4910-13-P
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