14472 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1081; Directorate 

Identifier 2008–NM–143–AD; Amendment 

39–15864; AD 2009–07–05] 

RIN 2120–AA64 

Airworthiness Directives; ATR Model 

ATR72 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

5, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 5, 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 October 9, 2008 (73 FR 

59573). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

For the reasons stated above, this AD 

requires you to check [for] the presence of the 

four cotter pins and [perform] their 

installation if they are found to be missing. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Revision to Service Information 

Since the NPRM was issued we have 

received Avions de Transport Regional 

Service Bulletin ATR72–27–1059, 

Revision 03, dated October 3, 2008. We 

referred to Avions de Transport 

Regional Service Bulletin ATR72–27– 

1059, Revision 02, dated May 19, 2008, 

in the NPRM as the appropriate source 

of service information for accomplishing 

the required actions. Revision 03 of 

Avions de Transport Regional Service 

Bulletin ATR72–27–1059 adds an 

option for doing additional actions and 

includes minor editorial changes that do 

not affect the technical content. We 

have added Avions de Transport 

Regional Service Bulletin ATR72–27– 

1059, Revision 03, dated October 3, 

2008, to paragraphs (f)(1), (f)(2), (f)(3), 

and (h) of this AD as an option for 

accomplishing the required actions. 

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 change described previously. 

We determined that this change 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 

20 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $3,200, or $160 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. 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14473 

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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–07–05 ATR–GIE Avions de Transport 

Re ́gional (Formerly Aerospatiale): 

Amendment 39–15864. Docket No. 

FAA–2008–1081; Directorate Identifier 

2008–NM–143–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to ATR Model ATR72– 

101, –102, –201, –202, –211, –212, and 

–212A airplanes, all serial numbers, 

certificated in any category; as identified in 

paragraphs (c)(1) and (c)(2) of this AD, as 

applicable. 

(1) This AD applies to airplanes on which 

Avions de Transport Regional Service 

Bulletin ATR72–27–1059 was done in service 

at original issue, dated October 3, 2006; or 

Revision 01, dated March 14, 2007; except as 

provided by paragraph (c)(2) of this AD. 

(2) This AD does not apply to airplanes on 

which Avions de Transport Regional Service 

Bulletin ATR72–27–1059, Revision 02, dated 

May 19, 2008; or Revision 03, dated October 

3, 2008; was done in service, or ATR 

Modification 05572 was done in production. 

Modification 05572 is factory-incorporated 

on ATR72–212A airplanes from 

manufacturer’s serial number (MSN) 730. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Incomplete accomplishment instructions 

in SB [service bulletin] ATR72–27–1059 

original issue and Revision 1, failed to 

mention installation of cotter pins to secure 

the self locking nuts after re-installation of 

the modified Pitch Uncoupling Mechanism 

(PUM), when connecting the elevator control 

linkage rods to the PUM input levers and the 

PUM output rods to the elevator bellcranks 

(on both sides). 

Because of the non-installation of these 

four cotter pins, the fail-safe criteria of the 

design requirements on the pitch control are 

no longer met. Such a failure could cause the 

loss of one self locking nut and would result 

in the loss of pitch control on one side— 

Captain or First Officer—or the loss of 

control of one elevator surface. The 

symmetrical loss of two concerned selflocking nuts could lead to a complete loss of 

the pitch control. 

For the reasons stated above, this AD 

requires you to check [for] the presence of the 

four cotter pins and [perform] their 

installation if they are found to be missing. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 10 days after the effective date 

of this AD: Verify installation of the four 

cotter pins securing the nuts of the fastener 

assemblies connecting the elevator control 

rods to the elevator bellcranks as shown in 

Figure 1 of the Accomplishment Instructions 

of Avions de Transport Regional Service 

Bulletin ATR72–27–1059, Revision 02, dated 

May 19, 2008; or Revision 03, dated October 

3, 2008. 

(2) If any cotter pin is found missing, 

before further flight, install a new cotter pin 

with part number MS24665–164 by doing all 

the applicable actions in accordance with the 

Accomplishment Instructions of Avions de 

Transport Regional Service Bulletin ATR72– 

27–1059, Revision 02, dated May 19, 2008; or 

Revision 03, dated October 3, 2008. 

Note 1: For accessing the zone to be 

inspected, panels 325BL, 325BR, 327HL, 

327KL, 327KR, 327JR, 327JL, 333BB, and 

334BB may need to be removed. Information 

pertaining to removal procedures can be 

found in the Accomplishment Instructions of 

Avions de Transport Regional Service 

Bulletin ATR72–27–1059, Revision 02, dated 

May 19, 2008; or Revision 03, dated October 

3, 2008. 

(3) Before further flight after 

accomplishment of paragraph (f)(2) of this 

AD, perform an operational test of the 

elevator control as specified in paragraph 

3.D., ‘‘Tests,’’ of the Accomplishment 

Instructions of Avions de Transport Regional 

Service Bulletin ATR72–27–1059, Revision 

02, dated May 19, 2008; or Revision 03, dated 

October 3, 2008. If any elevator control rod 

fails the operational test, before further flight, 

repair using a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or the 

European Aviation Safety Agency (EASA) (or 

its delegated agent). 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI does not specify corrective action for 

failure of the operational test (binding or 

friction) specified in paragraph (f)(3) of this 

AD. This AD requires using a method 

approved by the Manager, International 

Branch, ANM–116; or the EASA (or its 

delegated agent) and performing corrective 

action before further flight. 

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, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 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 FAAapproved 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. 


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14474 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI EASA Emergency 

Airworthiness Directive 2008–0137–E, dated 

July 23, 2008; and Avions de Transport 

Regional Service Bulletin ATR72–27–1059, 

Revision 02, dated May 19, 2008, or Revision 

03, dated October 3, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use Avions de Transport 

Regional Service Bulletin ATR72–27–1059, 

Revision 02, dated May 19, 2008; or Avions 

de Transport Regional Service Bulletin 

ATR72–27–1059, Revision 03, dated October 

3, 2008; 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 Re ́gional, 1, Alle ́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. 

Issued in Renton, Washington, on March 

17, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6755 Filed 3–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30659; Amdt. No. 3315] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective March 31, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 31, 

2009. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. 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. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1.FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2.The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P–NOTAMs. 

The SIAPs, as modified by FDC 

P–NOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 


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