[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Rules and Regulations]
[Pages 14472-14474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6755]



[[Page 14472]]

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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.

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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 self-locking 
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 self-locking 
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 work-hours 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.

[[Page 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

0
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:

2009-07-05 ATR-GIE Avions de Transport R[eacute]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 self-locking 
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 
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.

[[Page 14474]]

    (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 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; e-mail <a href="/cdn-cgi/l/email-protection#e0838f8e94898e958584ce818992978f929488898e859393a0819492ce8692"><span class="__cf_email__" data-cfemail="dcbfb3b2a8b5b2a9b9b8f2bdb5aeabb3aea8b4b5b2b9afaf9cbda8aef2baae">[email protected]</span></a>; 
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


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