Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 27911 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0524; Directorate 

Identifier 2009–NM–030–AD; Amendment 

39–15935; AD 2009–12–12] 

RIN 2120–AA64 

Airworthiness Directives; ATR Model 

ATR42–500 and ATR72–212A Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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: 

Identification of an unsafe condition 

related to the loss of the fail-safe design 

criteria for the rudder trim, pitch trim and 

stick pusher control functions after a 

reported event led in April 2008 to the 

release of AD 2008–0062 to mandate the ATR 

modification No. 05780. 

It has appeared that some airplanes 

manufactured and delivered before April 1, 

2008, may have received on the productionline a partial or incorrect implementation of 

the required ATR mod. No. 05780. 

* * * * * 

The unsafe condition is loss of the 

rudder trim, pitch trim, and stick pusher 

control, which could result in loss of 

control of the airplane. This AD requires 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: This AD becomes effective June 

29, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications, listed in the AD 

as of June 29, 2009. 

We must receive comments on this 

AD by July 13, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 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. Comments will be available in 

the AD docket shortly after receipt. 

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) 227–1139. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0218, 

dated December 10, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Identification of an unsafe condition 

related to the loss of the fail-safe design 

criteria for the rudder trim, pitch trim and 

stick pusher control functions after a 

reported event led in April 2008 to the 

release of AD 2008–0062 to mandate the ATR 

modification No. 05780. 

It has appeared that some airplanes 

manufactured and delivered before April 1, 

2008, may have received on the productionline a partial or incorrect implementation of 

the required ATR mod. No. 05780. 

For the reasons stated above, the present 

AD requires an inspection of the identified 

airplanes to verify and, finalize when 

necessary, the complete and correct 

implementation of the ATR mod. No. 

05780[.] 

The unsafe condition is loss of the 

rudder trim, pitch trim, and stick pusher 

control, which could result in loss of 

control of the airplane. Correct 

implementation of ATR modification 

No. 05780 includes inspecting the 

protection sleeves for correct 

installation, and installing new 

protective sleeving on the wire bundles 

in the rear baggage zone if necessary; 

doing a detailed inspection for correct 

positioning of the clamps for the wire 

bundles, and re-installing them if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Avions de Transport Regional has 

issued Service Bulletins ATR42–92– 

0020 and ATR72–92–1021, both dated 

October 17, 2008. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the 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 FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

27912 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0524; 

Directorate Identifier 2009–NM–030– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 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. 

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: 

2009–12–12 ATR—GIE Avions de 

Transport Re ́gional (Formerly 

Aerospatiale): Amendment 39–15935. 

Docket No. FAA–2009–0524; Directorate 

Identifier 2009–NM–030–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 29, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

the AD, certificated in any category. 

(1) ATR Model ATR42–500 airplanes, 

manufacturer serial numbers (MSNs) 667, 

669, and 671. 

(2) ATR Model ATR72–212A airplanes, 

MSNs 756 to 784 inclusive, except MSNs 

770, 773, and 783. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical Power. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

Identification of an unsafe condition 

related to the loss of the fail-safe design 

criteria for the rudder trim, pitch trim and 

stick pusher control functions after a 

reported event led in April 2008 to the 

release of AD 2008–0062 to mandate the ATR 

modification No. 05780. 

It has appeared that some airplanes 

manufactured and delivered before April 1, 

2008, may have received on the productionline a partial or incorrect implementation of 

the required ATR mod. No. 05780. 

For the reasons stated above, the present 

AD requires an inspection of the identified 

airplanes to verify and, finalize when 

necessary, the complete and correct 

implementation of the ATR mod. No. 

05780[.] 

The unsafe condition is loss of the rudder 

trim, pitch trim, and stick pusher control, 

which could result in loss of control of the 

airplane. Correct implementation of ATR 

modification No. 05780 includes inspecting 

the protection sleeves for correct installation, 

and installing new protective sleeving on the 

wire bundles in the rear baggage zone if 

necessary; doing a detailed inspection for 

correct positioning of the clamps for the wire 

bundles, and re-installing them if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 550 flight hours after the 

effective date of this AD, do a detailed 

inspection to verify the installation of the 

correct protection sleeves and the correct 

routing and clamping of the wire bundles. Do 

the actions in accordance with the 

Accomplishment Instructions of Avions de 

Transport Regional Service Bulletin ATR42– 

92–0020 or ATR72–92–1021, both dated 

October 17, 2008; as applicable. 

(2) If any discrepancy is found during the 

inspection required by paragraph (f)(1) of this 

AD, before further flight, do all applicable 

corrective actions in accordance with the 

Accomplishment Instructions of Avions de 

Transport Regional Service Bulletin ATR42– 

92–0020 or ATR72–92–1021, both dated 

October 17, 2008; as applicable. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

Differences. 

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) 227–1139. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards 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. 

(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 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 27913 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2008–0218, dated December 10, 

2008; and Avions de Transport Regional 

Service Bulletins ATR42–92–0020 and 

ATR72–92–1021, both dated October 17, 

2008; for related information. 

Material Incorporated by Reference 

(i) You must use Avions de Transport 

Regional Service Bulletin ATR42–92–0020, 

dated October 17, 2008; or Avions de 

Transport Regional Service Bulletin ATR72– 

92–1021, dated October 17, 2008; as 

applicable; 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 June 2, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13573 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0226; Directorate 

Identifier 2007–SW–35–AD; Amendment 39– 

15930; AD 2009–12–07] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109E, A109S, A119, and 

AW119MKII Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109E, A109S, 

A119, and AW119MKII helicopters. 

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 European 

Aviation Safety Agency (EASA), the 

Technical Agent for the aviation 

authority of Italy, with which we have 

a bilateral agreement, has issued an 

MCAI AD which states that two cases of 

cracks on a certain cargo hook lever 

(lever) have been reported by the 

manufacturer of the cargo hook. This 

lever is a critical structural component 

of the cargo hook, and a crack could 

result in inadvertent loss of the cargo 

hook load. This AD requires actions that 

are intended to address the unsafe 

condition caused by cracks in the cargo 

hook lever. 

DATES: This AD becomes effective on 

July 17, 2009. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

July 17, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

regulations.gov or in person at the 

Docket Operations office, U.S. 

Department of Transportation, M–30, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC between 9 a.m. and 5 

p.m. Monday through Friday, except 

Federal holidays. 

You may get the service information 

identified in this AD from Agusta, Via 

Giovanni Agusta, 520 21017 Cascina 

Costa di Samarate (VA), Italy, telephone 

39 0331–229111, fax 39 0331–229605/ 

222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 

Examining the AD Docket: The AD 

docket contains the Notice of proposed 

rulemaking (NPRM), the economic 

evaluation, any comments received, and 

other information. The street address 

and operating hours for the Docket 

Operations office (telephone (800) 647– 

5527) are in the ADDRESSES section of 

this AD. Comments will be available in 

the AD docket shortly after they are 

received. 

FOR FURTHER INFORMATION CONTACT: John 

Strasburger, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5167; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued an NPRM to amend 14 CFR 

part 39 to include an AD that would 

apply to the Agusta Model A109E, 

A109S, A119, and AW119MKII 

helicopters on March 4, 2009. That 

NPRM was published in the Federal 

Register on March 23, 2009 (74 FR 

12096). That NPRM proposed to require 

actions that are intended to detect a 

crack in the cargo hook lever and 

prevent the inadvertent loss of the cargo 

hook load. You may obtain further 

information by examining the MCAI and 

any related service information in the 

AD docket. 

Comments 

By publishing the NPRM, we gave the 

public an opportunity to participate in 

developing this AD. However, we 

received no comment on the NPRM or 

on our determination of the cost to the 

public. Therefore, based on our review 

and evaluation of the available data, we 

have determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Relevant Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 109EP–78, ABT No. 

109S–12, and ABT No. 119–21, all dated 

June 6, 2007. The actions described in 

the MCAI are intended to correct the 

same unsafe condition as that identified 

in the service information. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and, in 

general, agree with its substance. 

However, we have made the following 

changes: 

• Excluded the August 31, 2007 

compliance date because that date has 

passed; 

• Excluded the Model A109LUH from 

the applicability and do not reference 

Agusta ABT No. 109L–006 because the 

Model A109LUH helicopter is not on 

the U.S. type certificate, H7EU; 

• Added the Model AW119MKII to 

the applicability; 

• Required the use of a 10-power or 

higher magnifying glass to accomplish 

the visual inspections; and 

• Excluded the kit installation part 

number (P/N), relying instead on the 

cargo hook and lever P/N. 

These differences are highlighted in 

the ‘‘Differences Between this AD and 

the MCAI’’ section in this AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 26 helicopters on the U.S.