[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Rules and Regulations]
[Pages 62059-62061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21338]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22795; Directorate Identifier 2005-NM-193-AD; 
Amendment 39-14353; AD 2005-22-09]
RIN 2120-AA64


Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires a one-
time inspection to determine the part number or markings of the fuel 
quality indicator (FQI) and replacement of any FQI having an incorrect 
part number. This AD results from a report that an FQI having an 
incorrect part number was installed on a Model ATR72 airplane. We are 
issuing this AD to ensure that a correct FQI is installed. An incorrect 
FQI could result in fuel starvation to the engine and consequent engine 
shutdown during flight.

DATES: This AD becomes effective November 14, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 14, 
2005.
    We must receive comments on this AD by December 27, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France, for service information identified in this AD.

[[Page 62060]]


FOR FURTHER INFORMATION CONTACT: Thomas Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC), 
which is the airworthiness authority for France, notified us that an 
unsafe condition may exist on all Aerospatiale Model ATR42 and ATR72 
airplanes. The DGAC advises that a Model ATR72 airplane ditched off the 
coast of Italy. An investigation revealed that a fuel quality indicator 
(FQI) having an incorrect part number (P/N) was installed on the 
airplane. An FQI for the Model ATR72 airplanes may also be 
inadvertently installed on a Model ATR42 airplane if operators do not 
adhere to the manufacturer's service information. This condition, if 
not corrected, could result in fuel starvation to the engine and 
consequent engine shutdown during flight.

Relevant Service Information

    Aerospatiale has issued ATR All Operators Message (AOM) 42-72/2005/
08, issue 5, dated September 7, 2005. The AOM describes procedures to 
determine if the part number of the FQI is consistent with the one 
provided within the applicable illustrated parts catalog section 28-42-
80-01. The DGAC mandated the AOM and issued French emergency 
airworthiness directive UF-2005-160, dated September 8, 2005, to ensure 
the continued airworthiness of these airplanes in France.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. We have examined the DGAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to ensure that a correct FQI is 
installed. This AD requires accomplishing the actions specified in the 
service information described previously, except as discussed under 
``Differences Among the AD, the AOM, and the French Emergency 
Airworthiness Directive.''

Differences Among the AD, the AOM, and the French Emergency 
Airworthiness Directive

    Although the French emergency airworthiness directive recommends 
accomplishing the inspection ``before next flight,'' we have determined 
that a compliance time of 7 days for completing the required actions is 
warranted because most U.S. operators have already completed the 
inspection. In developing an appropriate compliance time for this AD, 
we considered the degree of urgency associated with addressing the 
subject unsafe condition, the average utilization of the affected 
fleet, and the time necessary to perform the inspections. In light of 
all of these factors, we find a compliance time of 7 days represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety. This difference has been 
coordinated with the DGAC.
    The French emergency airworthiness directive and the AOM specify to 
determine the correct P/N of the FQI. However, in addition to the 
inspection to determine the correct P/N, this AD allows operators to 
inspect the FQI for applicable markings to determine if the correct FQI 
is installed. The markings are illustrated in the AOM. This difference 
has been coordinated with the DGAC.
    Although the French emergency airworthiness directive specifies 
reporting results to the manufacturer, this AD does not require those 
actions. We do not need this information from operators.

Interim Action

    This AD is considered interim action. If final action is later 
identified, we may consider further rulemaking then.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 62061]]

Regulatory Findings

    We have 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 the regulation:
    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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-22-09 Aerospatiale: Amendment 39-14353. Docket No. FAA-2005-
22795; Directorate Identifier 2005-NM-193-AD.

Effective Date

    (a) This AD becomes effective November 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Aerospatiale Model ATR42-200, -300, -
320, and -500 airplanes, and Model ATR72-101, -201, -102, -202, -
211, -212, and -212A airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report that a fuel quality indicator 
(FQI) having an incorrect part number was installed on a Model ATR72 
airplane. We are issuing this AD to ensure that a correct FQI is 
installed. An incorrect FQI could result in fuel starvation to the 
engine and consequent engine shutdown during flight.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Action

    (f) Within 7 days after the effective date of this AD, do the 
inspection specified in paragraph (f)(1) or (f)(2) of this AD.
    (1) Perform an inspection to determine the part number (P/N) of 
the fuel quantity indicator (FQI) 3QT, in accordance with ATR All 
Operators Message (AOM) 42-72/2005/08, issue 5, dated September 7, 
2005. Instead of the inspection, a review of the airplane 
maintenance records is acceptable if the P/N of the FQI can be 
positively determined from that review.
    (2) Inspect the faceplate of the FQI to verify that it has the 
correct markings as specified in paragraphs (f)(2)(i) and 
(f)(2)(ii), as applicable.
    (i) For Model ATR42-200, -300, -320, and -500 airplanes: The FQI 
has the marking of 4960 lbs on the faceplate as illustrated in ATR 
AOM 42-72/2005/08, issue 5, dated September 7, 2005.
    (ii) For Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes: The FQI has the marking of 5500 lbs on the faceplate 
as illustrated in the AOM 42-72/2005/08, issue 5, dated September 7, 
2005.
    (g) If it can be positively determined, during the inspection 
required by paragraph (f) of this AD, that the FQI has the correct 
part number or marking, no further action is required by this AD.
    (h) If it is determined, during the inspection required by 
paragraph (f) of this AD, that the FQI does not have the correct 
part number or marking, before further flight, install the FQI 
having the correct part number as specified in ATR AOM 42-72/2005/
08, issue 5, dated September 7, 2005.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) French emergency airworthiness directive UF-2005-160, dated 
September 8, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use ATR All Operators Message (AOM) 42-72/2005/08, 
issue 5, dated September 7, 2005, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 
03, France, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the 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 18, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21338 Filed 10-27-05; 8:45 am]
BILLING CODE 4910-13-P