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[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65183-65185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24952]

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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; 
Amendment 39-17632; AD 2013-21-08]
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 ATR72-101, -201, -
102, -202, -211, -212, and -212A airplanes. 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. This AD requires installing a fuel quantity indicator 
(FQI) equipped with a locking adaptor on the electrical connector. We 
are issuing this AD to prevent an engine flame-out, which could result 
in reduced controllability of the airplane.

DATES: This AD becomes effective December 5, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 5, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0624 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 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 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.

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 the specified products. The 
NPRM published in the Federal Register on July 18, 2013 (78 FR 42898). 
The NPRM proposed to correct an unsafe condition for the specified 
products.
    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.
    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 ATR 42/72 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. You may obtain further information by 
examining the MCAI in the AD docket.

We are issuing this AD to prevent an engine flame-out, which could 
result in reduced controllability of the airplane. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0624-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 42898, July 18, 
2013) 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 this AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 42898, July 18, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 42898, July 18, 2013).

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
25 products of U.S. registry. We also estimate that it takes 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 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

[[Page 65184]]

the 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 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.
    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/#!docketDetail;D=FAA-2013-0624; 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 AD, the 
MCAI, 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:

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:

2013-21-08 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-17632. Docket No. FAA-2013-0624; Directorate Identifier 2013-NM-
071-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 5, 
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 
ATR 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 time 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.

(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

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
European Aviation Safety Agency Airworthiness Directive 2013-0047, 
dated March 4, 2013, for related information. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0624-0002.

(j) 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) Avions de Transport R[eacute]gional Service Bulletin ATR72-
28-1026, dated February 26, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact ATR--
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre 
Nadot,

[[Page 65185]]

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.
    (4) You may review copies of the 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 September 30, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24952 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P
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