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[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32453-32456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13319]

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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; 
Amendment 39-18166; AD 2015-11-03]
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 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 
airplanes. This AD was prompted by reports of fuel quantity indication 
malfunctions caused by fuel probe failure. This AD requires identifying 
the part number and serial number of the fuel probes, and replacing the 
fuel probes if necessary. We are issuing this AD to prevent fuel probe 
failure, which could lead to undetected fuel starvation and consequent 
dual engine in-flight flame-out.

DATES: This AD becomes effective July 14, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 14, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0568 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Zodiac 
Aerospace, Technical Publication Department, 61 Rue Pierre Curie--
CS20001, 78373 Plaisir Cedex, France; phone: +33 (0)1 61 34 19 24; fax: 
+33 (0)1 61 34 21 13; email: yann.laine@zodiacaerospace.com; Internet: 
http://www.zodiacaerospace.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. You can find this information at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2014-0568.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42 and ATR72 airplanes. The NPRM 
published in the Federal Register on August 15, 2014 (79 FR 48107). The 
NPRM was prompted by reports of fuel quantity indication malfunctions 
caused by fuel probe failure. The NPRM proposed to require identifying 
the part number and serial number of the fuel probes, and replacing the 
probes if necessary. We are issuing this AD to prevent fuel probe 
failure, which could lead to undetected fuel starvation and consequent 
dual engine in-flight flame-out.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, 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 on certain ATR-GIE Avions 
de Transport R[eacute]gional Model ATR42 and ATR72 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.

[[Page 32454]]

    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/#!documentDetail;D=FAA-2014-0568-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM (79 FR 
48107, August 15, 2014) and the FAA's response to the comment.

Request To Use the Latest Service Information

    Empire Airlines requested that we revise the NPRM (79 FR 48107, 
August 15, 2014) to include revised service information. Zodiac 
Aerospace issued Service Bulletin 766983-28-002, Revision 1, dated 
March 24, 2014, to correct certain part numbers. Empire stated that 
this change will negate the necessity for an alternative method of 
compliance request.
    We agree to include the latest service information in this AD, 
although the correct part numbers were identified in table 1 to 
paragraph (g) in the NPRM (79 FR 48107, August 15, 2014), which will 
remain in this AD. We have also added new paragraph (k) in this AD to 
allow the use, before the effective date of this AD, of Zodiac 
Aerospace Service Bulletin 766983-28-002, dated October 15, 2013, for 
identifying part numbers to define serviceable parts. We have 
redesignated subsequent paragraphs accordingly.

Additional Changes to This AD

    We have revised the NPRM (79 FR 48107, August 15, 2014) to include 
the most updated contact information for the service information 
required by this AD, which is: Zodiac Aerospace, Technical Publication 
Department, 61 Rue Pierre Curie--CS20001, 78373 Plaisir Cedex, France; 
phone: +33 (0)1 61 34 19 24; fax: +33 (0)1 61 34 21 13; email: 
yann.laine@zodiacaerospace.com; Internet: http://www.zodiacaerospace.com.
    We have revised the NPRM (79 FR 48107, August 15, 2014) by removing 
``Services Europe'' from the service information citations, which does 
not need to be included in the service information citations in this 
AD.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 48107, August 15, 2014) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 48107, August 15, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Zodiac Aerospace has issued Service Bulletin 766983-28-002, 
Revision 1, dated March 24, 2014. The service information describes 
procedures for an inspection for a potential splice conductor soldering 
defect, and installing a new splice conductor. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 81 airplanes of U.S. registry.
    We also estimate that it will take about 2 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $13,770, or $170 per product.
    According to the manufacturer, some of the costs of this 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 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 that 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);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=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 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.

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:

[[Page 32455]]

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 airworthiness 
directive (AD):

2015-11-03 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-18166. Docket No. FAA-2014-0568; Directorate Identifier 2014-NM-
075-AD.

(a) Effective Date

    This AD becomes effective July 14, 2015.

(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.
    (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 and Serial Number 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 part number and serial number 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 No.                           Serial No.
----------------------------------------------------------------------------------------------------------------
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 is found that has any part number and serial 
number specified in table 1 to paragraph (g) of this AD: 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 Job Instruction Card 28-42-72, RAI 
10000-001, ``Removal and Installation of Fuel Quantity or Fuel Temp/
Quantity Probe'' of the ATR-42 Aircraft Maintenance Manual; and Job 
Instruction Card 28-42-72, RAI 10000-002, ``Removal and Installation 
of Fuel Quantity or Fuel Temp/Quantity Probe'' of the ATR-72 
Aircraft Maintenance Manual.

(i) Definition of Serviceable Fuel Probe

    For the purposes of this AD, a fuel probe is serviceable if it 
meets the criterion 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 Service Bulletin 766983-28-
002, Revision 1, dated March 24, 2014.

(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 Service Bulletin 766983-28-002, Revision 1, 
dated March 24, 2014.

(k) Credit for Previous Actions

    This paragraph provides credit for applying the definitions and 
limitations specified in paragraphs (i)(2) and (j) of this AD, if 
those provisions were applied before the effective date of this AD 
using Zodiac Aerospace Service Bulletin 766983-28-002, dated October 
15, 2013, which is not incorporated by reference in this AD.

(l) 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using

[[Page 32456]]

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 DOA. If approved 
by the DOA, the approval must include the DOA-authorized signature.

(m) 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/#!documentDetail;D=FAA-2014-0568-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Zodiac Aerospace Service Bulletin 766983-28-002, Revision 1, 
dated March 24, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Zodiac Aerospace, Technical Publication Department, 61 Rue Pierre 
Curie--CS20001, 78373 Plaisir Cedex, France; phone: +33 (0)1 61 34 
19 24; fax: +33 (0)1 61 34 21 13; email: 
yann.laine@zodiacaerospace.com; Internet: http://www.zodiacaerospace.com.
    (4) 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.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 18, 2015.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-13319 Filed 6-8-15; 8:45 am]
 BILLING CODE 4910-13-P
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