[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Proposed Rules]
[Page 76704-76706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-18]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-73-AD]
RIN 2120-AA64
Airworthiness Directives; Aerospatiale Model ATR42-500 Series
Airplanes, and Model ATR72-102, -202, -212, and -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 series airplanes, and Model ATR72-102, -202, -212, and -212A series
airplanes. This proposal would require replacement of insulation
blankets constructed of metallized polyethyleneteraphthalate (MPET)
located from sections 11 through 16 of the fuselage with new insulation
blankets constructed of Terul 18[hairsp][hairsp]\TM\. This proposal is
prompted by reports of in-flight and ground fires on certain airplanes
manufactured with insulation blankets constructed of MPET, which may
contribute to the spread of a fire when ignition occurs from small
ignition sources such as electrical arcing or sparking. The action
specified by the proposed AD is intended to ensure that insulation
blankets constructed of MPET are removed from the fuselage. Such
insulation blankets could propagate a small fire that is the result of
an otherwise harmless electrical arc and could lead to a much larger
fire. This action is intended to address the identified unsafe
condition.
DATES: Comments must be received by January 13, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-73-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-73-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows 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
[[Page 76705]]
in this action may be changed in light of the comments received.
Submit comments using the following format:
[sbull] 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.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] 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-73-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-73-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Direction G[eacute]n[eacute]rale 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
series airplanes, and Model ATR72-102, -202, -212, and -212A series
airplanes. The DGAC advises that it has received reports of fires
initiated by an electrical short circuit behind a sidewall, in which
the flammability characteristics of thermal/acoustical insulation
material constructed of metallized polyethyleneteraphthalate (MPET) may
have been a contributing factor. Although reported incidents have not
occured on ATR airplane models, the DGAC has issued French
airworthiness directives 2001-635-061(B) and 2001-636-088(B), both
dated December 26, 2001, in order to assure the continued airworthiness
of Aerospatiale Model ATR42-500 series airplanes, and Model ATR72-102,
-202, -212, and -212A series airplanes in France.
Insulation blankets constructed of MPET that are installed in the
fuselage, if not removed, could propagate a small fire that is the
result of an otherwise harmless electrical arc and could lead to a much
larger fire.
Explanation of Relevant Service Information
The manufacturer has issued Avions de Transport Regional Service
Bulletin ATR42-25-0134 (for Model ATR42-500 series airplanes); and
ATR72-25-1074 (for Model ATR72-102, -202, -212, -212A series
airplanes); both dated January 24, 2002. These service bulletins
describe procedures for replacing the existing insulation blankets
constructed of MPET located from sections 11 through 16 of the fuselage
with new, improved insulation blankets constructed of Terul
18[hairsp][hairsp]\TM\. Accomplishment of the actions specified in the
service bulletins is intended to adequately address the identified
unsafe condition. The DGAC classified these service bulletins as
mandatory.
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 Rule
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 applicable service bulletin described
previously.
Differences Between Proposed Rule and Foreign Airworthiness Directives
The proposed AD would differ from the parallel French airworthiness
directives in that it would require accomplishment of the replacement
within 5 years after the effective date of this AD. The parallel French
airworthiness directives require accomplishment of the replacement
during the next ``eight-year calendar check and before May 31, 2009.''
In developing an appropriate compliance time for this proposed AD, the
FAA considered not only the DGAC's recommendation, but the degree of
urgency associated with addressing the subject unsafe condition, the
compliance time mandated in previously issued ADs concerning insulation
blankets constructed of MPET installed on other transport category
airplanes, and the average utilization of the affected fleet.
The FAA's intent is that the replacement be conducted during a
regularly scheduled maintenance visit for the majority of the affected
fleet, when the airplanes would be located at a base where special
equipment and trained personnel would be readily available, if
necessary. In order to meet the deadline, the FAA expects early
planning and anticipates that operators will have to take advantage of
every heavy maintenance opportunity. In light of these factors, the FAA
finds a 5-year compliance time for completing the required actions to
be warranted, in that it represents an appropriate interval of time
allowable for affected airplanes to continue to operate without
compromising safety. The difference in compliance time has been
coordinated with and acknowledged by the DGAC.
Cost Impact
The FAA estimates that 2 Aerospatiale Model ATR42-500 series
airplanes of U.S. registry would be affected by this proposed AD, that
it would take approximately 500 work hours per airplane to accomplish
the proposed replacement, and that the average labor rate is $60 per
work hour. Required parts would cost approximately $50,000 per
airplane. Based on these figures, the cost impact of the proposed AD on
U.S. operators of Model ATR42-500 series airplanes is estimated to be
$160,000 or $80,000 per airplane.
The FAA estimates that 19 Aerospatiale Model ATR72-102, -202, -212,
and -212A series airplanes of U.S. registry would be affected by this
proposed AD, that it would take approximately 500 work hours per
airplane to accomplish the proposed replacement, and that the average
labor rate is $60 per work hour. Required parts would cost
approximately $60,000 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators of Model ATR72-102, -202, -
212, and -212A series airplanes is
[[Page 76706]]
estimated to be $1,710,000 or $90,000 per airplane.
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 proposed 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-73-AD.
Applicability: Model ATR42-500 series airplanes, and Model
ATR72-102, -202, -212, and -212A series airplanes, certificated in
any category; except those airplanes on which ATR Modification 5117
or 5322 (reference Avions de Transport Regional Service Bulletin ATR
42-25-0134, dated January 24, 2002, or Avions de Transport Regional
Service Bulletin ATR 72-25-1074, dated January 24, 2002; as
applicable) has been installed.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that insulation blankets constructed of metallized
polyethyleneteraphthalate (MPET) are removed from the fuselage, to
prevent propagation of a fire that is the result of an otherwise
harmless electrical arc and could lead to a much larger fire,
accomplish the following:
Insulation Blanket Replacement
(a) Within 5 years after the effective date of this AD, replace
insulation blankets located from sections 11 through 16 inclusive of
the fuselage with new, improved insulation blankets constructed of
Terul 18[hairsp][hairsp]\TM\, in accordance with the Accomplishment
Instructions of Avions de Transport Regional Service Bulletin ATR42-
25-0134 (for Model ATR42-500 series airplanes); or ATR72-25-1074
(for Model ATR72-102, -202, -212, -212A series airplanes); both
dated January 24, 2002; as applicable.
Note 2: Although paragraph (a) of this AD allows up to 5 years
for the required replacement, the FAA encourages operators to review
their airplanes to assess their individual needs for materials and
plan accordingly. The FAA anticipates that operators will accomplish
the requirements of this AD at the earliest practicable maintenance
opportunity to lessen the burden toward the end of the compliance
time.
Part Installation
(b) As of the effective date of this AD, no person shall install
an insulation blanket constructed of MPET on any airplane.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 4: The subject of this AD is addressed in French
airworthiness directives 2001-635-061(B) and 2001-636-088(B), both
dated December 26, 2001.
Issued in Renton, Washington, on December 6, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 02-31471 Filed 12-12-02; 8:45 am]
BILLING CODE 4910-13-P