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[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70044-70046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28752]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0721; Directorate Identifier 2010-NM-217-AD; 
Amendment 39-16861; AD 2011-23-10]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport 
R[eacute]gional 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 certain 
Model ATR42 and ATR72 airplanes. 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:

    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.
* * * * *

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

DATES: This AD becomes effective December 15, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 15, 
2011.

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 August 5, 2011 (76 
FR 47520). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 47520), August 5, 
2011) 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 as proposed.

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.

[[Page 70045]]

    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 86 products of U.S. registry. 
We also estimate that it will take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 $960, for a cost of 
$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 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 (76 FR 47520, August 5, 
2011), 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

2011-23-10 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-16861. Docket No. FAA-2011-0721; Directorate Identifier 2010-NM-
217-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
15, 2011.

Affected ADs

    (b) None.

Applicability

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

[[Page 70046]]

    (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 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.
    (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.

Material Incorporated by Reference

    (k) You must use 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; to do the actions required by this AD, 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; email 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.
    (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.

    Issued in Renton, Washington, on October 27, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-28752 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-13-P
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