[Federal Register: March 17, 2004 (Volume 69, Number 52)]
[Proposed Rules]
[Page 12589-12591]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr04-19]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-301-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-500 and ATR72-
212A Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Aerospatiale Model ATR42-
500 and ATR72-212A series airplanes. This proposal would require
repetitive inspections for cracking of the upper closing rib of the
vertical fin, related investigative actions, and corrective actions if
necessary. This action is necessary to prevent interference between the
upper closing rib and the rudder, which could result in a rudder jam
and consequent reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by April 16, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-301-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-301-AD'' in the subject line and need not
be submitted
[[Page 12590]]
in triplicate. Comments sent via the Internet as attached electronic
files must be formatted in Microsoft Word 97 or 2000 or ASCII text.
The service information referenced in the proposed rule may be
obtained from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex
03, France. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-301-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-301-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, notified the FAA that an unsafe
condition may exist on certain Aerospatiale Model ATR42-500 and ATR72-
212A series airplanes. The DGAC advises that rudder operation
difficulties occurred on a Model ATR42-500 series airplane while the
airplane was on the ground. Investigation revealed interference between
the rudder and the upper closing rib of the vertical fin. This
interference was subsequently attributed to failure of parts of the
upper closing rib of the vertical fin due to fatigue cracking induced
by installation stress. This condition, if not corrected, could result
in a rudder jam and consequent reduced controllability of the airplane.
The subject area on certain Model ATR72-212A series airplanes is
almost identical to that on the affected Model ATR42-500 series
airplanes. Therefore, those Model ATR72-212A series airplanes may be
subject to the unsafe condition revealed on the Model ATR42-500 series
airplanes.
Explanation of Relevant Service Information
Aerospatiale has issued Avions de Transport Regional Service
Bulletin ATR42-55-0011, dated September 26, 2002 (for Model ATR42-500
series airplanes); and Avions de Transport Regional Service Bulletin
ATR72-55-1003, Revision 1, dated November 13, 2002 (for Model ATR72-
212A series airplanes). These service bulletins describe procedures for
repetitive detailed visual inspections for cracking of the upper
closing rib of the vertical fin, and related investigative actions.
The related investigative actions involve measuring the planarity
of the upper closing rib and measuring the gap between the rudder horn
and the upper closing rib of the vertical fin. If any crack, wave, or
anomaly is found, or if any measurement is outside the limits specified
in the service bulletin, the service bulletin specifies further
actions, which include:
Removing the fairing of the vertical fin.
Performing an internal detailed visual
inspection of the fin tip closure rib in the area of the fairing, to
detect and determine the extent of any cracking.
Performing a measurement of the fin tip closure
rib position.
Performing an additional measurement of the
planarity of the fin tip closure rib.
Contacting the manufacturer for repair
information.
Accomplishment of the actions specified in the applicable service
bulletin is intended to adequately address the identified unsafe
condition.
The DGAC classified these service bulletins as mandatory and issued
French airworthiness directive 2002-506(B) R1, dated December 24, 2002,
to ensure the continued airworthiness of these airplanes in France.
FAA's Conclusions
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. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Explanation of Requirements of Proposed AD
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously,
except as discussed below.
Differences Between Proposed AD and Service Bulletins
Although the service bulletins specify that operators may contact
the manufacturer for disposition of certain repair conditions, this
proposed AD would require operators to repair those conditions per a
method approved by either the FAA or the DGAC (or its delegated agent).
In light of the type of repair that would be required to address the
unsafe condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair
approved by either the FAA or the DGAC would
[[Page 12591]]
be acceptable for compliance with this proposed AD.
Operators should note that, although the Accomplishment
Instructions of the referenced service bulletins describe procedures
for submitting inspection results to the manufacturer, this proposed AD
would not require that action.
Interim Action
We consider this proposed AD interim action. If final action is
later identified, we may consider further rulemaking then.
Cost Impact
The FAA estimates that 2 Model ATR42-500 series airplanes of U.S.
registry would be affected by this proposed AD, that it would take
approximately 2 work hours per airplane to accomplish the proposed
actions, and that the average labor rate is $65 per work hour. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $260, or $130 per airplane.
Currently, there are no affected Model ATR72-212A series airplanes
on the U.S. Register. However, if an affected airplane is imported and
placed on the U.S. Register in the future, it would be subject to the
same per-airplane cost specified above for the Model ATR42-500 series
airplanes.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein would 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Aerospatiale: Docket 2002-NM-301-AD.
Applicability: Model ATR42-500 and ATR72-212A series airplanes;
certificated in any category; on which Aerospatiale Modification
4440 has been accomplished; except those Model ATR42-500 series
airplanes having serial numbers (S/Ns) 618 and subsequent; and
except those Model ATR72-212A series airplanes having S/Ns 682, 683,
684, 687, and 694 and subsequent.
Compliance: Required as indicated, unless accomplished
previously.
To prevent interference between the upper closing rib and the
rudder, which could result in a rudder jam and consequent reduced
controllability of the airplane, accomplish the following:
Service Bulletin References
(a) The term ``service bulletin,'' as used in this AD, means the
Accomplishment Instructions of Avions de Transport Regional Service
Bulletin ATR42-55-0011, dated September 26, 2002 (for Model ATR42-
500 series airplanes); and Avions de Transport Regional Service
Bulletin ATR72-55-1003, Revision 1, dated November 13, 2002 (for
Model ATR72-212A series airplanes); as applicable.
(1) For Model ATR72-212A series airplanes: Actions accomplished
before the effective date of this AD per Avions de Transport
Regional Service Bulletin ATR72-55-1003, dated October 11, 2002, are
acceptable for compliance with the corresponding actions required by
this AD.
(2) Where the service bulletins specify to report inspection
results to the manufacturer, this AD does not require such
reporting.
Repetitive Inspections
(b) Within 500 flight hours after the effective date of this AD:
Perform a detailed inspection for cracking of the upper closing rib
of the vertical fin, per the Accomplishment Instructions of the
applicable service bulletin. Repeat this inspection thereafter at
intervals not to exceed 500 flight hours.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Note 2: There is no terminating action available at this time
for the repetitive inspections required by paragraph (b) of this AD.
One-Time Follow-On Inspections
(c) Before further flight following the initial detailed
inspection for cracking required by paragraph (b) of this AD,
measure the planarity of the upper closing rib and measure the gap
between the rudder horn and the upper closing rib of the vertical
fin; per paragraphs 2.C.(2) and 2.C.(3) of the Accomplishment
Instructions of the applicable service bulletin.
Repair
(d) If any crack is found during any inspection required by
paragraph (b) of this AD; or if any wave, anomaly, or measurement is
found that is outside the limits specified in the applicable service
bulletin: Before further flight, do all applicable actions in and
per paragraph 2.C.(4) of the applicable service bulletin; except,
where the applicable service bulletin says to contact the
manufacturer for an approved repair solution, repair per a method
approved by either the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate; or the Direction Generale de
l'Aviation Civile (or its delegated agent).
Alternative Methods of Compliance
(e) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, is authorized to approve alternative methods of
compliance for this AD.
Note 3: The subject of this AD is addressed in French
airworthiness directive 2002-506(B) R1, dated December 24, 2002.
Issued in Renton, Washington, on March 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-5946 Filed 3-16-04; 8:45 am]
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